Legal
Terms of Service
1. Acceptance of These Terms
These Terms of Service (“Terms”) form a binding agreement between you and Helios EVOO LLC (“Helios EVOO,” “we,” “us,” or “our”) governing your access to and use of tastehelios.com (the “Site”) and any purchase of products through it (together, the “Services”). By accessing the Site, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Services.
Our Privacy Notice describes how we collect and use personal information and is incorporated into these Terms by reference.
2. Eligibility and Accounts
By using the Services, you represent that you have the legal capacity to enter into a binding contract. If you create an account, you agree to provide accurate information, keep it up to date, and maintain the confidentiality of your login credentials. You are responsible for all activity that occurs under your account.
3. Products, Pricing, and Order Acceptance
Product descriptions, photos, and harvest or bottling information are provided for illustration and may vary slightly between batches, as is natural for an agricultural product like olive oil.
- Order acceptance: your order is an offer to purchase. We may accept, decline, limit, or cancel any order for any reason, including suspected fraud, unauthorized or illegal activity, unavailable inventory, quantity limits, or an error in pricing or product information. If we cancel an order after payment, we will refund the amount charged.
- Pricing: prices are subject to change without notice. If a product is listed at an incorrect price due to a typographical, photographic, pricing, or other technical error, we may cancel the order and refund any payment, even after an order confirmation has been sent.
- Taxes: applicable sales tax will be added to your order total based on your shipping address and applicable law.
4. Payment Terms
- Accepted payment methods: we accept the payment methods presented at checkout, processed through our third-party payment processor, Stripe. We do not store your full payment card number.
- Authorization and charge timing: your payment method is charged at the time your order is placed. By submitting an order, you authorize this charge.
- Accuracy: you represent that any payment information you provide is accurate and that you are authorized to use the payment method.
- Fraud and chargebacks: we may suspend or terminate your account and refuse future orders if we suspect fraudulent activity or receive an unwarranted chargeback.
5. Shipping and Delivery
We currently ship only to addresses within the United States.
- Temperature sensitivity: olive oil is sensitive to heat, light, and freezing temperatures. We use packaging designed to help protect product quality in transit, but we cannot control weather, warehouse, or transit conditions once a package leaves our facility. We recommend bringing packages inside promptly upon delivery.
- Delivery estimates: shipping and delivery dates provided at checkout or in confirmation emails are estimates only and are not guaranteed. We are not responsible for delays caused by the shipping carrier, weather, customs, or other events outside our reasonable control (see Section 17, Force Majeure).
- Risk of loss: risk of loss and title to products pass to you upon our delivery of the order to the shipping carrier. If your shipment is lost or arrives damaged, contact us within 30 days of the delivery (or expected delivery) date; as a courtesy, we will assist in filing a claim with the carrier, and replacement or refund in these circumstances remains at our discretion as described in Section 6.
6. Returns, Refunds, and Cancellations
Because our products are consumable food items, we do not accept returns of products that have been opened, used, or consumed, for food safety and quality reasons. This section describes the exceptions.
- Damaged, defective, or incorrect orders: if your order arrives damaged, defective, or different from what you ordered, contact us within 30 days of delivery with your order number and a photo of the issue. We will offer a replacement, store credit, or refund at our discretion.
- Order cancellations: you may request to cancel an order before it ships by contacting us as soon as possible. Once an order has shipped, it is subject to the return policy above.
- Refund method: approved refunds are issued to the original payment method and may take several business days to appear on your statement.
7. Product Disclaimers
- Not medical advice: any information about our products on the Site, including in product descriptions, blog content, or marketing materials, is provided for general informational and culinary purposes only. It is not medical advice, and it does not diagnose, treat, cure, or prevent any disease. Consult a qualified healthcare provider with questions about your specific health needs.
- No health claims: we do not represent that our products have any specific health benefit beyond what is stated on the product label in compliance with applicable food labeling law.
- Ingredient and allergen information: we make reasonable efforts to keep ingredient and allergen information accurate and current, but formulations, sourcing, and harvests can change. Always read the label included with your product before consuming it, and contact us before ordering if you have questions about ingredients or allergens.
- Storage and handling: please follow any storage instructions provided with your order. We are not responsible for spoilage or quality issues caused by improper storage or handling after delivery.
8. Intellectual Property
The Site and its content, including our name, logo, trademarks, product photography, packaging design, recipes, and written content (collectively, the “Content”), are owned by Helios EVOO LLC or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive license to access and view the Content for your personal, non-commercial use in connection with shopping on the Site. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Content without our prior written permission.
9. Prohibited Uses
When using the Services, you agree not to:
- Violate any applicable law or regulation;
- Use any automated system (bot, scraper, crawler) to access the Site except as permitted by our robots.txt or with our written consent;
- Interfere with or disrupt the Site's security, integrity, or performance;
- Post or submit false, misleading, or fraudulent reviews or content;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Infringe our or any third party's intellectual property or other rights; or
- Purchase products for unauthorized resale without our prior written consent.
10. Third-Party Links and Services
The Site may link to or integrate with third-party services (for example, our payment processor or social media platforms). We do not control and are not responsible for the content, terms, or privacy practices of third-party services, and your use of them is at your own risk and subject to their own terms.
11. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Services and all products are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free. Nothing in this section limits any warranty that cannot lawfully be excluded, including any warranty implied by applicable food safety or consumer protection law.
12. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Helios EVOO, its officers, members, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or relating to your use of the Services or any product purchased through them, even if advised of the possibility of such damages. To the fullest extent permitted by applicable law, our total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the amount you paid to us for the product(s) giving rise to the claim in the 12 months before the claim arose.
Some states do not allow the exclusion or limitation of certain damages or warranties, so some of the limitations in Sections 11 and 12 may not apply to you in full.
13. Indemnification
You agree to defend, indemnify, and hold harmless Helios EVOO and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.
14. Dispute Resolution: Binding Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to go to court.
Agreement to Arbitrate
You and Helios EVOO agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product purchased through the Site (“Dispute”) will be resolved by binding, individual arbitration administered by the American Arbitration Association under its applicable consumer arbitration rules, rather than in court, except as set out below.
Exceptions
- Either party may bring an individual claim in small claims court if it qualifies.
- Either party may seek injunctive or other equitable relief in court for actual or threatened infringement or misappropriation of intellectual property.
Class Action Waiver
You and Helios EVOO agree that any Dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If a court decides this class action waiver is unenforceable as to a particular Dispute, that Dispute may be brought only in court, not in arbitration.
Right to Opt Out
You may opt out of this arbitration agreement by sending written notice to heliosevoo@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, order/account email, and a clear statement that you wish to opt out of arbitration. If you opt out, both you and Helios EVOO retain the right to bring Disputes in court, subject to Governing Law below.
Governing Law
These Terms and any Dispute not subject to arbitration (or brought after a valid opt-out) are governed by the laws of the State of Texas, without regard to its conflict-of-law principles, and the exclusive venue for any such Dispute will be the state or federal courts located in Texas.
15. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms or suspected fraudulent or unlawful activity. Sections of these Terms that by their nature should survive termination (including Sections 8 and 11–14) will survive.
16. Changes to These Terms
We may revise these Terms at any time. We will post the updated Terms on this page with a new “Last Updated” date, and, where required by law, provide additional notice of material changes. Your continued use of the Services after a change becomes effective constitutes acceptance of the revised Terms.
17. General Provisions
- Entire agreement: these Terms, together with our Privacy Notice, constitute the entire agreement between you and Helios EVOO regarding the Services.
- Severability: if any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
- No waiver: our failure to enforce any right or provision will not be considered a waiver of that right or provision.
- Force majeure: we are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including severe weather, natural disaster, carrier disruption, labor dispute, or governmental action.
- Assignment: we may assign these Terms without restriction. You may not assign these Terms without our prior written consent.
- No third-party beneficiaries: these Terms do not create rights for anyone other than you and Helios EVOO.
18. Contact Us
If you have questions about these Terms, contact us at:
Helios EVOO LLC
3702 Lovers Lane, Montgomery, Texas 77356
tastehelios.com