Terms of service

Effective Date: June 30, 2025
Last Updated: June 30, 2025

Agreement to Terms

By using our website, placing an order, or receiving our products, you agree to these Terms of Service. If you don't agree with any part of these terms, please don't use our services.

Age Requirement: By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any minor dependents to use this site.

Platform Notice: Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Frozen Garden, LLC
2901 Cascade Drive, Unit B, Valparaiso, IN 46383
Email: info@thefrozengarden.com | Phone: 219-286-3578

Product Information and Availability

Our Products

Frozen Garden specializes in frozen food products designed for convenient meal preparation. Our product line may include smoothie mixes, overnight oats, grain bowls, desserts, and other frozen food items. Product offerings, ingredients, and specifications are subject to change without notice.

Product Descriptions

We strive for accuracy in all product descriptions, nutritional information, and images. However, we cannot guarantee that all information is completely error-free. If you have specific dietary restrictions or allergies, please contact us before ordering.

Availability

Product availability may change without notice. We reserve the right to discontinue products, modify recipes, or limit quantities at any time.

Ordering and Payment

Order Acceptance

Your order is an offer to purchase our products. We reserve the right to accept or decline any order for any reason, including but not limited to:

  • Product availability
  • Pricing errors
  • Payment verification issues
  • Shipping restrictions

Minimum Orders

All orders must meet our minimum order requirement of 7 items to qualify for shipping.

Pricing and Payment

  • All prices are in US dollars and subject to change without notice
  • Payment is due at the time of order
  • We accept credit cards and PayPal
  • You authorize us to charge your payment method for your order total

Order Modifications

Once an order is placed, modifications may not be possible due to our production and shipping schedule. Contact us immediately if changes are needed.

Shipping and Delivery

Shipping Area

We currently ship to the continental United States only (lower 48 states).

Shipping Schedule

  • Orders ship Monday-Wednesday only
  • Delivery takes 1-3 business days
  • We do not ship on holidays or during extreme weather events

Delivery Requirements

Customer Responsibilities:

  • Ensure someone is available to receive delivery on the delivery date
  • Transfer products to freezer storage on the day of delivery
  • Follow all handling instructions provided with your order

Our Responsibilities:

  • Ship products properly frozen with dry ice and insulated packaging
  • Provide tracking information when available
  • Replace products that arrive thawed due to shipping issues

DRY ICE SAFETY AND LIABILITY

Important Safety Information

Our shipments contain dry ice for temperature control. DRY ICE IS DANGEROUS IF MISHANDLED.

CUSTOMER ACKNOWLEDGES AND AGREES:

  • You have received safety instructions for dry ice handling
  • You understand dry ice can cause serious injury if mishandled
  • You will follow all provided safety instructions
  • You will keep dry ice away from children and pets
  • You will handle dry ice in well-ventilated areas only
  • You will never store dry ice in airtight containers
  • You will use appropriate protective equipment when handling dry ice

Dry Ice Liability Waiver

BY ACCEPTING DELIVERY, YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR:

  • Proper handling and disposal of dry ice
  • Any injuries resulting from mishandling dry ice
  • Any property damage caused by improper dry ice handling
  • Following all safety instructions provided

FROZEN GARDEN IS NOT LIABLE FOR:

  • Injuries caused by customer mishandling of dry ice
  • Property damage from improper dry ice storage or handling
  • Failure to follow provided safety instructions
  • Injuries to third parties caused by customer's dry ice mishandling

Food Safety and Health

Food Handling Responsibility

Customers are responsible for:

  • Proper storage of products upon delivery (0°F or below)
  • Following recommended consumption timeframes
  • Inspecting products before consumption
  • Understanding their own dietary restrictions and allergies

Allergy Disclaimer

While our products are made in facilities that follow strict cleaning protocols, we cannot guarantee against cross-contamination. If you have severe allergies, consult with us before ordering and consume products at your own risk.

Health Claims

Our products are not intended to diagnose, treat, cure, or prevent any disease. Nutritional information is approximate and may vary. Consult your healthcare provider before making significant dietary changes.

Limitation of Liability

Maximum Liability

FROZEN GARDEN'S TOTAL LIABILITY TO YOU FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCTS THAT CAUSED THE CLAIM.

Excluded Damages

WE ARE NOT LIABLE FOR:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, or business opportunities
  • Personal injury not directly caused by product defects
  • Property damage not directly related to our products
  • Damages caused by customer misuse of products or packaging materials
  • Third-party claims against you

Time Limit for Claims

Any legal claims against Frozen Garden must be brought within one (1) year of the incident that gave rise to the claim.

Disclaimers

Product Warranties

Our products are provided "as is" without warranties of any kind beyond our satisfaction guarantee outlined in our Return Policy.

Website Use

Our website is provided "as is" and we make no warranties about:

  • Uninterrupted or error-free operation
  • Accuracy of all information
  • Security of data transmission
  • Compatibility with your devices

Subscription Services

Subscription Terms

If you sign up for our subscription service:

  • You authorize recurring charges to your payment method
  • You can modify or cancel your subscription at any time
  • Changes take effect with your next scheduled shipment
  • You're responsible for keeping payment information current

Subscription Modifications

We may modify subscription offerings, pricing, or terms at any time. We'll provide reasonable notice when possible, and changes will take effect with your next scheduled shipment.

SMS/Text Marketing Consent

By consenting to Frozen Garden's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

Opting Out: If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out.

Costs and Liability: We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from.

Service Changes: We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

SMS Delivery: To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

Third-Party Tools and Links

Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Third-Party Links

Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

User Content and Reviews

If you send us specific submissions (such as contest entries) or send creative ideas, suggestions, proposals, plans, reviews, photos, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'user content'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any user content that you forward to us for marketing and promotional purposes.

Your Responsibilities: You agree that your user content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your user content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any user content.

Our Rights: We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Intellectual Property

Our Content

All website content, product names, logos, and marketing materials are owned by Frozen Garden and protected by intellectual property laws. You may not use our content without written permission.

User Content

If you submit reviews, photos, or other content, you grant us the right to use it for marketing and promotional purposes.

Privacy and Data Use

Your personal information is handled according to our Privacy Policy, which is incorporated into these Terms by reference.

Prohibited Uses

You may not use our services to:

  • Violate any laws or regulations
  • Resell our products commercially without authorization
  • Interfere with our website operations
  • Submit false or misleading information
  • Harass our employees or other customers

Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including:

  • Natural disasters, severe weather
  • Government actions or regulations
  • Supply chain disruptions
  • Pandemic-related restrictions
  • Shipping carrier delays

Indemnification

You agree to indemnify, defend and hold harmless Frozen Garden and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Dispute Resolution

Governing Law

These Terms are governed by Indiana state law, regardless of where you live.

Dispute Process

Before filing any lawsuit, you agree to:

  1. Contact us directly to try to resolve the issue
  2. Participate in good faith discussions for 30 days
  3. Consider mediation if direct resolution fails

Jurisdiction

Any legal disputes will be resolved in the state courts of Porter County, Indiana, or federal courts in the Northern District of Indiana.

Changes to Terms

We may update these Terms to reflect changes in our business or legal requirements. When we make changes:

  • We'll post the updated Terms on our website
  • We'll update the "Last Updated" date
  • Significant changes will be communicated to customers
  • Continued use of our services means you accept the updated Terms

Severability

If any part of these Terms is found to be unenforceable, the remaining portions will continue in full effect.

Contact Information

Questions about these Terms? Contact us:

Frozen Garden, LLC
2901 Cascade Drive, Unit B, Valparaiso, IN 46383
Email: info@thefrozengarden.com
Phone: 219-286-3578
Website: thefrozengarden.com