TERMS OF SERVICE
Last updated: January 27, 2026
OVERVIEW
This website is operated by Merricks Kitchen, LLC. Throughout the site, the terms "we", "us" and "our" refer to Merricks Kitchen, LLC. By visiting our site and/or purchasing our Brekky Mix products from us, you agree to be bound by these Terms of Service.
Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, then you may not access the website or make any purchases.
SECTION 1 – PRODUCT SALES
By purchasing from us, you represent that you are at least the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose.
SECTION 2 – PRODUCT INFORMATION
We have made every effort to display as accurately as possible the colors and images of our Brekky Mix products. We cannot guarantee that your computer monitor's display will be completely accurate.
All product descriptions, ingredients, and nutritional information are subject to change without notice. We reserve the right to discontinue any Brekky Mix variety at any time.
SECTION 3 – ORDERS AND BILLING
We reserve the right to refuse or cancel any order. We may limit quantities purchased per person or per order. In the event that we cancel an order, we will attempt to notify you using the contact information provided.
You agree to provide current, complete and accurate purchase information for all orders. Pricing is subject to change without notice.
SECTION 4 – RETURNS AND EXCHANGES
Due to the perishable nature of our Brekky Mix products, returns are not permitted. Please see our Refund Policy for complete details.
SECTION 5 – MOBILE WEBSITE USAGE
Mobile Website Access When you access our website or services through a mobile device, the same Terms of Service apply. By using our mobile website, you agree to these terms.
Mobile Data and Charges You are responsible for any mobile data charges or fees that may be incurred when accessing our website through your mobile device. Please check with your mobile carrier regarding data usage and applicable charges.
Mobile Device Requirements Our mobile website is optimized for modern mobile browsers. We cannot guarantee full functionality on all mobile devices or operating systems.
SECTION 6 – SMS/TEXT MESSAGING SERVICE
The Merricks Kitchen mobile message service (the "Service") is operated by Merricks Kitchen. Your use of the Service constitutes your agreement to these terms and conditions. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
Consent and Message Types By consenting to Merricks Kitchen's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Merricks Kitchen through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
Voluntary Participation You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Merricks Kitchen. Your participation in this program is completely voluntary.
Message and Data Rates 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 frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
Opt-Out Instructions You may opt-out of the Service at any time. Text the single keyword command STOP to +18773578384 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Merricks Kitchen mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
Help and Support For Service support or assistance, text HELP to +18773578384 or email itsallgood@merrickskitchen.com.
Short Code and Number Changes We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Wireless Carrier Responsibility The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
Service Limitations 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.
SECTION 7 – LIMITATION OF LIABILITY
Merricks Kitchen, LLC shall not be liable for any direct, indirect, incidental, or consequential damages arising from your purchase or use of our Brekky Mix products, except as required by law.
SECTION 8 – PRIVACY
Your personal information is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect and use your personal information.
SECTION 9 – GOVERNING LAW
These Terms shall be governed by the laws of the State of California, United States.
SECTION 10 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of our website following any changes constitutes acceptance of those changes.
SECTION 11 – CONTACT INFORMATION
Questions about these Terms should be sent to us at:
Email: itsallgood@merrickskitchen.com
Phone: (949) 346-4745
