Effective Date: March 7, 2025
1. Introduction
Welcome to Benji’s Wholesome Food (“we,” “us,” or “our”). By accessing or using our website (https://benjiswholesomefood.com) and purchasing our products, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please do not use our services.
2. Products
Benji’s Wholesome Food offers fresh dog food products made with ingredients commonly used in human food preparation. All products are intended for canine consumption only.
Our products are not intended to diagnose, treat, cure, or prevent any disease. Each pet is unique, and individual reactions to food may vary. By purchasing our products, you acknowledge that it is your responsibility to determine whether our products are suitable for your pet.
Feeding decisions are made solely at the discretion of the pet owner.
3. Purchase and Payment
All prices are listed in U.S. Dollars. We accept payments through approved methods available on our website. By completing a purchase, you agree to provide accurate and complete payment information.
If you purchase a subscription product, you authorize us to charge your payment method on a recurring basis as outlined during the purchase process. You may cancel your subscription at any time by contacting us at hello@benjiswholesomefood.com.
4. Shipping and Delivery
We offer local delivery services within our designated service areas. Delivery times are estimates only and are not guaranteed. We are not responsible for delays, losses, or damages caused by third-party delivery services or circumstances beyond our control.
If you need to modify or cancel your order, you must notify us within 24 hours of purchase. Orders that have already entered preparation or delivery may not be modified or canceled.
5. Refunds and Returns Policy
Due to the perishable nature of our products, all sales are final. We do not accept returns or offer refunds for products that are not defective.
If a product arrives damaged or defective, you must contact us within 48 hours of delivery. Requests must be submitted to hello@benjiswholesomefood.com and include order details and photographic evidence. Each request will be reviewed on a case-by-case basis, and any refund or replacement will be issued at our sole discretion.
6. Limitation of Liability
By purchasing and using our products, you acknowledge and agree that:
• Each pet has unique dietary needs and sensitivities. We do not guarantee that our products will be suitable for all pets.
• Benji’s Wholesome Food does not provide veterinary, medical, or nutritional advice.
• We are not responsible for any adverse reactions, illnesses, sensitivities, or conditions that may occur as a result of consuming our products.
• It is the pet owner’s responsibility to introduce new food gradually and monitor their pet’s response.
To the fullest extent permitted by law, Benji’s Wholesome Food shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use or consumption of our products.
6A. Assumption of Risk and Waiver of Liability
By purchasing, handling, serving, or feeding Benji’s Wholesome Food products, you knowingly and voluntarily assume all risks associated with the use and consumption of fresh dog food, including but not limited to allergic reactions, sensitivities, digestive issues, improper handling, storage, preparation, or feeding practices.
You acknowledge that fresh food products require proper refrigeration, handling, and gradual introduction, and that failure to follow appropriate feeding and storage practices may result in adverse outcomes.
To the fullest extent permitted by law, you hereby release, waive, and discharge Benji’s Wholesome Food, its owners, employees, contractors, and affiliates from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind arising out of or related to the purchase, use, handling, or consumption of our products, including claims based on negligence, whether known or unknown.
This assumption of risk and waiver applies to all purchases made through our website or any other sales channel and survives termination of these Terms and Conditions.
7. Indemnification
You agree to indemnify, defend, and hold harmless Benji’s Wholesome Food, its owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to your use of our products or services.
8. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the appropriate state or federal courts located in Florida.
9. Privacy Policy
We collect and use personal information in accordance with our Privacy Policy. Information collected may include name, email address, delivery address, and payment details. This information is used solely for order processing, service communication, and business operations. We do not sell personal data to third parties.
10. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. Changes become effective immediately upon posting on our website. Continued use of our services constitutes acceptance of the revised terms.
11. Contact Information
For questions or concerns, please contact us at:
Email: hello@benjiswholesomefood.com
Address: 848 Brickell Ave., Ste 1130, Miami, FL 33131
Acknowledgment
By purchasing our products, you acknowledge that you have read, understood, and agree to these Terms and Conditions, and that you assume full responsibility for all decisions related to feeding your pet.
Benji’s Wholesome Food
March 7, 2025
