Terms of Use

Welcome to Annaconrad Market, operated by Annaconrad Market, Inc. (“Annaconrad Market”) and located online at our Annaconrad Market website (e.g., www.annaconradmarket.com or the “Site”), mobile app, and social media platforms, and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities) (collectively, the “Platform”). The following terms and conditions (the “Terms”) govern your use. By accessing, viewing, purchasing, or otherwise using the content, material, products, or services available on or through the Platform, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein.

THE ARBITRATION AGREEMENT IN SECTION 11 (DISPUTE RESOLUTION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

You further certify that you are 13 years of age or older and that you have all the necessary rights, power, and authority to enter into these Terms and perform the obligations set forth under these Terms. Please ensure that you read these Terms, including the Privacy Policy, carefully. You understand and agree that your use of the Platform or any content, material, products, or services made available on or through the Platform (collectively, the “Services”) signifies that you fully accept and agree to these Terms.

1. Registration
In order to access certain Services, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to select or submit a username and password. You may also be required to provide us with certain information about yourself, including some types of personally identifiable information, such as your legal name, phone number, address, email address, gender, and age. It is important that you provide us with accurate, complete, and up-to-date information for your account, and you agree to update such information to keep it accurate, complete, and up-to-date. If you do not, we might have to suspend or terminate your account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Annaconrad Market will not be held responsible or liable for any misuse of your account if a third party has access to and uses your password and account login in any way. You are responsible for all activities that occur under your account, whether or not you know about them.

When placing an order through the Platform, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Annaconrad Market or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Platform is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please log in to your account and update such information directly on the Platform.
You agree that we may store, use, disclose, and otherwise handle any personal information that you provide to us via the Platform in accordance with our Privacy Policy.

2. Purchases
The Platform allows you to browse, view, choose, and purchase various products or services on the Site and mobile app. By purchasing products or services made available through the Platform, you represent that you have reached the age of majority (which in most states in the United States is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy and register or place an order on your behalf. You further represent that you are buying products or services from the Platform for your own personal or household use only and not for resale or export, and that all purchases are intended for final delivery to locations within the US.

You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of the Terms. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle, or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 2 (or any other provision of these Terms) from further use of the Services and to refuse, limit, or cancel any related orders and/or suspend or cancel any related accounts. The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase. For more information about placing special orders, please contact bulkorders@annaconradgroup.com or check out this site.

Prices posted on this Site may be different than prices offered by us at our physical locations. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may, in our sole discretion, offer promotional codes at certain points in time or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.

Refer-a-friend Program: Coupon is valid for three months. Annaconrad Market reserves the right to modify or cancel the coupon at any time. The promotion is limited to one coupon per customer and can only be used by eligible customers who receive the coupon code from Annaconrad Market via email. The coupon may only be used at www.annaconradmarket.com. The coupon may not be used on gift cards. The coupon is not combinable with any other discount or coupon. If you return any of the items purchased with the coupon, the coupon discount or value will be subtracted from the return credit. Applicable shipping and handling charges apply. The $100 cut-off for eligibility is not inclusive of taxes or shipping. The coupon is void where prohibited or restricted by law. Annaconrad Market has no obligation for payment of any tax in conjunction with the distribution or use of any coupon. The consumer is required to pay any applicable sales tax related to the use of the coupon.

3. General Restrictions on Use

You agree to use the Platform and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform, products, and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and for no other purposes.

You will not (and will not attempt to):

Access any of the Services by any means other than through the interface that is provided by Annaconrad Market, including: (i) access, tamper with, or use non-public areas of the Services, Annaconrad Market’s computer systems, or the technical delivery systems of Annaconrad Market’s providers; (ii) attempt to probe, scan or test the vulnerability of any Annaconrad Market system or network or breach any security or authentication measures; or (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Annaconrad Market or any of Annaconrad Market’s providers or any other third party (including another user) to protect the Services or Platforms;
Gain unauthorized access to Annaconrad Market’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, the Services, Annaconrad Market’s networks, and computer systems;
Access any of the Platform or the Services through any automated means or with any automated features or devices (including the use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
Use or access the Platform or Services for the purpose of bringing an intellectual property infringement claim against Annaconrad Market or for the purpose of creating a product or service competitive with the Services; or
Use the Platform or the Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Annaconrad Market).

Annaconrad Market reserves the right to discontinue any aspect of the Platform or the Services at any time.

4. Our Proprietary Rights
You understand and agree that Annaconrad Market (or Annaconrad Market’s licensors) owns all legal right, title, and interest in and to the Platform, the Services, and any software, technology, and other content provided in connection with or through the Platform (including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world those rights may exist).

5. Links
The Platform may include, or third parties may provide, links to other websites or resources on the Internet. Because Annaconrad Market has no control over such sites and resources, you acknowledge and agree that Annaconrad Market is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. You further acknowledge and agree that Annaconrad Market shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANNACONRAD MARKET AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANNACONRAD MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, SERVICES, OR PRODUCTS. IN NO EVENT SHALL ANNACONRAD MARKET’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE PLATFORM, SERVICES, OR PRODUCTS EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID TO ANNACONRAD MARKET IN THE ONE MONTH PRECEDING THE DATE OF THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100). YOU AND ANNACONRAD MARKET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, SERVICES, OR PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnity
You agree to indemnify, defend, and hold harmless Annaconrad Market and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from your use of the Platform, Services, products, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Annaconrad Market will notify you promptly of any such claim, loss, liability, or demand and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, or demand.

8. Changes to the Platform and the Services
Annaconrad Market may change, suspend or discontinue any aspect of the Platform or the Services at any time, including the availability of any feature, database, or content. Annaconrad Market may also impose limits on certain features and services or restrict your access to parts or all of the Platform or the Services without notice or liability.

9. General
These Terms constitute the entire agreement between you and Annaconrad Market and govern your use of the Platform and Services, superseding any prior agreements between you and Annaconrad Market. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Annaconrad Market services, affiliate services, third-party content, or third-party software. The failure of Annaconrad Market to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Miscellaneous
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Annaconrad Market without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms and your use of the Platform and Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The section titles in these Terms are for convenience only and have no legal or contractual effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Annaconrad Market’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Annaconrad Market reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Platform and Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND ANNACONRAD MARKET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, SERVICES, OR PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. Dispute Resolution
If you have a dispute with Annaconrad Market, you agree to first contact Annaconrad Market at support@annaconradgroup.com to seek a resolution. If we are unable to resolve the dispute through informal negotiations, you and Annaconrad Market agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in San Francisco County, California, unless you and Annaconrad Market agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Annaconrad Market will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform or Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ANNACONRAD MARKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12. Contact Us
If you have any questions about these Terms, please contact us at support@annaconradgroup.com.

Updated: June 2024