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Terms & Conditions

SOUTH MOUNTAIN CREAMERY Terms and Conditions

SMC is Maryland’s first on-the-farm dairy processing plant that delivers farm fresh and all-natural products to your doorstep. We’re family owned and operated and have over 8,500 customers from MD, VA, PA, WV, and DC! We call our process, “from field to fork” because every process is completed at our farm. We grow, process, package, and sell our products. Our goal is to instill healthy eating habits, educate about the benefits of local agriculture, and provide a sustainable future for our children! If you want your milk straight from the cow, you HAVE to call South Mountain Creamery. Learn more at www.southmountaincreamery.com or find us on Facebook at www.facebook.com/smcdairy.

Please read and acknowledge the terms and conditions below and you will automatically be enrolled as a Home Delivery member, but are subject to application process set forth by the Delivery Route Manager. By registering to participate in the delivery service and clicking "I Agree" on the registration page, you acknowledge that you have reviewed these Terms and Conditions and agree to the following rules governing the delivery service.

Overview of the Program

The Delivery Service is a program sponsored by South Mountain Creamery (hereinafter "we", "our", or "us") through which qualified individuals can purchase deliveries through online purchases and qualifying telephone purchases at 1-301-371-8565. Delivery Service participants (hereinafter "you" or "your"), may review and change orders through the “Login” section on www.southmountaincreamery.com.

General Membership Details and Information

The Delivery Service and its benefits are offered at our sole discretion.

Participation in the Delivery Service is subject to the Terms and Conditions, rules, regulations, policies and procedures ("Program Rules") that we may, in our sole discretion, adopt from time to time. The interpretation and application of the Delivery Services are at our sole discretion.

We have the right to change, limit, modify, amend, or cancel the Delivery Service and these terms and conditions at any time, with or without notice.

To apply for Delivery Service, simply click on the "Apply Now" button and follow the onscreen instructions.

We are the final authority for membership. We reserve the right to restrict, suspend, and/or correct errors or omission. We reserve the right to approve, deny or revoke membership in the program to any individual for any reason whatsoever.

You are responsible for remaining knowledgeable as to any changes we may make to the Delivery Service or to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.southmountaincreamery.com and will supersede all previous versions of these Terms and Conditions.

Conditions for Membership Eligibility

Only individuals 18 years of age or older are eligible to receive home deliveries. Each individual may maintain only one account, with a limit of one account per household.

You must register to be a customer of South Mountain Creamery. In addition, you must accept and agree to these Terms and Conditions by clicking "I Agree" on the registration page and furnish a valid email address.

Membership in the Service will be renewed automatically each year, so long as your account is open and not in violation as defined in the Terms and Conditions Agreement. Currently, membership for Delivery Service is subject to a one-time non-refundable fee of $45.00, $40.00 will be credited to your account at your first order and $5.00 is charged as an admin fee. Weekly orders are subject to a delivery fee per order, which is subject to change at any time.

We reserve the right to terminate your membership at any time based on violations of the Delivery Service Rules, Terms and Conditions, fraud or appearance of fraud, or violation of any federal, state, or local law or regulation in connection with the Delivery Service privileges.

Ability to order and receive home deliveries:

You must be a registered customer as described in these Terms and Conditions in order to be a Member and order and receive home deliveries. If at any time you become a non-qualified member you will not be allowed to order or receive deliveries.

A " Member" is a registered customer who has:

Duration of the Program

You can order and receive deliveries through online purchases or by placing an order by calling 1-301-371-8565. We anticipate that the Delivery Service will continue in perpetuity.

Placing an order

Orders can be placed two ways:

Deliveries may obtained by making weekly order placements or through recurring orders which can be set for weekly, biweekly, or monthly.

Orders must be placed once every three months or the account will be deactivated.

Vacation stops can be placed to hold orders for a set amount of time through www.southmountaincreamery.com or by calling 1-301-371-8565.

Bottle deposits are $2.00 per bottle and are refunded after return of bottle. Green and yellow recyclable bags for items like meats and veggies will carry a deposit of $5 per bag. So be sure to place them back in your box with your bottles for return. 

Delivery fees are as follows:

  • Normal Delivery Fee is $4.99
  • Orders that exceed $55 will receive a 20% discount off of their delivery fee ($3.99)
    Orders that exceed $75 will receive a 40% discount off of their delivery fee. ($2.99)
    Orders that exceed $95 will receive a 100% discount off of their delivery fee (FREE!)

Periodically, there may be promotional offers for the Service, which provide the opportunity to apply discounts to order as defined by the terms of the promotion.

You can only order and receive home deliveries if you are a Member.

Ability to order will begin upon your enrollment date in the Service. ("Enrollment Date" is the day on which you become a Member.) Deliveries will not be made for purchases prior to the Enrollment Date. Any previously entered orders will be applied to the first delivery after the Enrollment Date.

Orders will be posted online in "My Orders" section of "My Account" after the application process is complete; approximately within four (4) weeks.

Orders/purchases are void if not obtained in accordance with these Terms and Conditions and through legitimate channels.

There is NO limit to the amount ordered.

Your activity will be recorded and tracked in "My Orders" section on www.southmountaincreamery.com.

You are responsible for ensuring the accuracy of your account and encouraged to check your account on a regular basis. If you believe that orders were not properly placed, delivered or charged to/from your account, you must notify us. Failure to notify us of improper delivery could result in the loss of credit to account.

You are responsible for determining, recording and paying all federal, state, and local taxes, deposits, and delivery fees related to home delivery. It is important that you keep records of all home deliveries. We will not provide any tax information to you. You should consult with your tax advisors for tax guidelines specific to your needs. Any and all tax liabilities arising from the Service are your sole responsibility.

Receiving Home Deliveries

Home delivery is available once weekly and will be delivered on a transactional basis.

Payment is due after order is received. Visa, MasterCard, Amex, Discover or ECheck are acceptable forms of payment.

Home Delivery orders will not be delivered until after they have been placed. Orders must be placed by midnight the day before your delivery.

  • Tuesday Delivery- Sunday at 11:59pm
  • Wednesday Delivery- Monday at 11:59pm
  • Thursday Delivery- Tuesday at 11:59pm
  • Friday Delivery- Wednesday at 11:59pm

 

All orders for products after the deadline are final. All other order issues are governed by the Terms and Conditions of this Program.

Noncompliance with placing an order set forth in these Terms and Conditions and Service Rules is a violation and may result in your removal from the Delivery Service.

A cooler must be placed outside of home by 7pm night before delivery and must remain outside until after delivery has been made which can vary day to day, from 7pm, the evening before, to 4:00pm. Deliveries made without a cooler will be placed in a reusable green insulated bag, which is subject to a $5.00 non-refundable fee.

Effective Immediately: In order to preserve product, ice cream orders will automatically be packed in a box with dry ice for a $6.75 fee to avoid any melting or spoiling.

If you request a re-delivery of product, where South Mountain Creamery was unable to deliver due to customer error (i.e. no cooler, no delivery; no key, unable to access building; dogs were aggressive; etc) a second delivery fee will be charged.

No delivery driver will enter a home under any circumstance, as provided in the Terms and Conditions set forth by South Mountain Creamery. Coolers and empty bottles must be placed outside of the home.

If your account has been inactive for a period of 90 days or more, account will be deactivated and subject to a new account set-up fee $45.00

Restrictions Relating to Home Deliveries

Deliveries will not be made if cooler is blocked by debris or other materials. Customers with set orders and no visible cooler may receive a reusable green insulated bag, which is subject to a $5.00 non-refundable fee.

Deliveries are not transferable unless otherwise approved by Delivery Route Manager.

There is no maximum order required by the Service.

You may not combine orders with other members' accounts.

If there is any abuse of the Service, failure to follow Service Rules, or any misrepresentation by you, all home deliveries shall be cancelled, no additional orders shall be placed, and you will be removed from the Service.

Home Deliveries may not be exchanged for other goods or services.

All orders are subject to availability.

Coupons will be deemed to have been surrendered at redemption and no other offers will be honored.

Expiration and Termination of Delivery Service

If your Delivery Service account is closed for any reason, your membership in the Service will be terminated.

Home Deliveries will be forfeited if you cancel your Service account, Service is terminated, or if you are no longer a Member.

Any fraud or abuse related to the order or delivery of products will result in forfeiture of cancellation of membership in the Service.

We reserve the right to take any other or additional action we deem appropriate in our sole discretion in the event we believe a Member (or Members) have violated any of the Service Rules or uses the Service in a manner inconsistent with these Terms and Conditions or any federal, state or local laws, statutes or ordinances.

Discontinued participation privileges may result in the loss of saved orders. In addition to discontinuance of participation privileges, we have the right to take appropriate administrative and/or legal action, including criminal prosecution, as we deem necessary in our sole discretion.

Home deliveries do not constitute property of a Member and may be revoked at any time by us as set forth herein.

General Terms and Conditions

This Service is void where prohibited by law and/or not covered by our delivery area as determined by route management systems.

South Mountain Creamery is not responsible for delayed or lost communications sent by any form or delivery including but not limited to mail, email, web or phone.

Any disputes concerning Delivery Service will not affect your payment obligation to us on your Service account unless otherwise noted by Delivery Representatives, Customer Service Representatives, Office Manager, or General Manager.

An administrative service or services for the Service is provided on our behalf by contracted technology partners. These are independent contractors and have no affiliation with us. By participating in the Service, you hereby indemnify and hold harmless us and any and all of our independent contractor partners shall be liable for any damages whatsoever, including but not limited to, bodily harm and/or property damage and/or lost opportunity, which may result from participating in the Delivery Service or for the provision of goods or services by merchants or providers.

Our rights and obligations under this Service may be transferred or assigned by us to any other related or unrelated entity at any time, and performance thereafter shall be the responsibility of that entity without prior notice to you.

South Mountain Creamery makes no claims, warranties, guarantees or representations of any kind, expressed or implied, with respect to orders and shall not be liable for any loss, expense (including without limitation, attorneys or inconvenience) that may occur in the use of the Service.

To learn how the personal information collected in connection with the Program may be used, you should read the Privacy Policy available at www.southmountaincreamery.com.

We are not responsible for any damages or losses you may incur based on incorrect or inaccurate information supplied by you while participating in the Service.

Limitation of Liability and Dispute Resolution

We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Service or utilized by you or any Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, we and our respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies (hereinafter collectively referred to as "Releases") involved in the development and execution of the Program or the production or distribution of Service materials shall have no liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL PROGRAM DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE SERVICE, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.

Any and all disputes, claims, and causes of action arising out of or connected with this Service shall be resolved individually, without resort to any form of class action and exclusively by arbitration.

Any and all claims, judgments and Home Deliveries shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Service, but in no event shall attorney's fees be recoverable from us.

Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and you waive any and all rights to have damages multiplied or otherwise increased.

All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations in connection with this Service, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Maryland or any other jurisdiction) other than the State of Maryland.

These Terms and Conditions constitute the entire agreement between all Service Members and South Mountain Creamery pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, and negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof the Service (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

Additional Information

You may terminate your particiption in the Service at any time by calling 1-301-371-8565.

To update your delivery information, including address changes, please contact Customer Service at (301) 371-8565.

These Terms and Conditions are dated January 1, 2016.

 

Privacy Policy 

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter or enter information on our site.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
        To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.       To improve our website in order to better serve you.       To allow us to better service you in responding to your customer service requests.       To quickly process your transactions.       To send periodic emails regarding your order or other products and services.       To follow up with them after correspondence (live chat, email or phone inquiries) Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
Third-party links
We do not include or offer third-party products or services on our website.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/...
According to CalOPPA, we agree to the following:Users can visit our site anonymously.Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:       On our Privacy Policy PageCan change your personal information:       By emailing us       By calling us
How does our site handle Do Not Track signals?We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?It's also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
 We do not specifically market to children under the age of 13 years old.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
 We collect your email address in order to:       Send information, respond to inquiries, and/or other requests or questions       Process orders and to send information and updates pertaining to orders.       Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:       Not use false or misleading subjects or email addresses.       Identify the message as an advertisement in some reasonable way.       Include the physical address of our business or site headquarters.       Monitor third-party email marketing services for compliance, if one is used.       Honor opt-out/unsubscribe requests quickly.       Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us atcustomerservice@smcdairy.com and we will promptly remove you from ALL correspondence.

Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.
 South Mountain Creamery8305 Bolivar RoadMiddletown, MD 21679USAhelp@smcdairy.com3013718565
Last Edited on 2016-11-17