Last Updated: November 27th 2023
The site is an internet property of MMM Consumer Brands Inc. (“Dinnerly,” “we,” “our” or “us”). Each end-user visitor to the Site agrees to the following Dinnerly terms and conditions (“terms and conditions”), in their entirety, when she/he:
a. accesses or uses the Site;
b. accesses and/or views any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on theSite (collectively, “content”);
c. signs up to receive the Dinnerly food delivery service, which includes processing and delivery of orders (the “Dinnerly service”);
d. accesses links to Dinnerly’s social media pages/accounts on third party social media websites, such as Facebook®, Instagram®, Pinterest®, Twitter® and Youtube® (collectively, “Social Media Pages”);
e. enters one of the sweepstakes, contests and/or promotions offered by Dinnerly from time-to-time (“promotions”); and/or
f. utilizes the Site’s many interactive features designed to facilitate interaction between the end-user, Dinnerly and other Site users including, but not limited to, blogs and associated comment sections located in designated areas of the Site (collectively, the “interactive services” and together with the Site, content, Dinnerly service, social media pages and promotions, the “Dinnerly offerings”).
If you have any questions about the Agreement or the Site please access our Frequently Asked Questions or call our Customer Service team at 888-267-2850.
3.1 Orders must be received before the posted cutoff time for a given delivery (see next paragraph and Delivery of Products below for details). Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process.
3.2 You can skip or make changes to your order up until the cutoff time for that order. The cutoff time for your order is dependent on the zip code of your delivery address and it may be up to 6 or 7 days before the date of delivery. The hour of the cutoff time is 11:59pm in the time zone in which you are located.
3.3 If you wish to cancel your first order, you must contact our Customer Service team. Simply canceling your membership will not result in the automatic cancellation of your first order. For all subsequent orders, you are able to skip or make changes yourself in your account area.
3.4 Cancellation or pausing of your membership after the required cutoff time will result in a full charge for unskipped orders.
3.5 We reserve the right to extend the cutoff time by up to 48 hours for certain periods throughout the calendar year, in particular to manage the workload around national public holidays. We will give you at least 7 days’ advance notice of such extension before the first effected cutoff time.
3.6 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
9.1 Dinnerly reserves the right to execute a $1 authorization or temporary charge on your credit card to verify that your account is valid and that the information you provide to Dinnerly is correct. This authorization does not cost you anything and will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your bank’s rules). If you experienced trouble enrolling with Dinnerly, you may see multiple $1 authorizations. These multiple charges (up to $5) will expire in a few days.
9.2 If charging your credit card fails for any reason, including for reason that the credit card is incorrect, expired, over the limit or has insufficient funds, Dinnerly may process the order, in which case it reserves the right to collect payment at a later time. Dinnerly may charge a fee of $2 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Dinnerly may charge such amount directly to the credit card identified in your Customer Account Information and Dinnerly may suspend or terminate your access to the Dinnerly Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Dinnerly may incur in its efforts to collect any unpaid balances from you. Your right to use the Dinnerly Service is subject to limits established by Dinnerly and/or by your credit card issuer.
9.3 Dinnerly is unable to accept checking account transactions, paper checks, food stamps, or third-party coupons at this time.
19.1 Automatic Shipments
i. Ongoing Automatic Shipments. Your Dinnerly automatic shipments, which may start with a free trial, will continue week-to-week unless and until you cancel your automatic shipment subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to enroll in the Dinnerly automatic shipment service. We will bill the weekly shipments to your Payment Method.
ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in the Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Dinnerly by visiting our Site and visiting your Account page. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
19.2 Free Trials
i. Your Dinnerly membership may start with a free trial. The free trial period of your membership lasts for one week, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Dinnerly reserves the right, in its absolute discretion, to determine your free trial eligibility and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, order and/or membership cancellation.
ii. We will begin billing your Payment Method for weekly automatic shipment fees at the end of the free trial, or as specified at the beginning of your enrollment, unless you cancel prior to the end of the free trial period. Dinnerly will send email communication 10 days prior to your billing date. We reserve the right to authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii. In the event that the email address provided is inaccurate or outdated, you will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click on your account page at www.dinnerly.com to find cancellation instructions or email our customer service department at email@example.com. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. Providing a full and accurate email address to receive notifications is your responsibility, and Dinnerly is not liable for any fees incurred due to undelivered email communication.
i. Recurring Automatic Shipment Billing. By starting Dinnerly automatic shipments, you authorize us to charge you a weekly fee at the then current rate, and any other charges you may incur in connection with your use of the Dinnerly service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding additional plates to automatic shipments, and you authorize us to charge your Payment Method for such varying amounts, which may be billed weekly in one or more charges.
ii. Weekly Order Processing. When you sign up for automatic shipments, your payment method will automatically be billed each week until you cancel it, and you are enrolled to receive shipments each week (“Weekly Delivery”). You may skip a Weekly Delivery or cancel your membership at any time (see Cancellation below). You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of the Agreement. Skipping Weekly Deliveries and/or order cancellation requests require advanced notice to Dinnerly, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.
iii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in the Agreement, any price changes to your service will take effect following notice to you, such as – for instance – by email or a notice posted on our Site. Your continued ordering after the date of such notice will be deemed acceptance of such changes.
v. Payment Methods. You may edit your Payment Method information by visiting our Site and “My Account”, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
vi. Cancellation. You may cancel your Dinnerly automatic shipment enrollment at any time. To cancel, go to the “Settings” link on your Account page and select “Stop subscription” or email us at firstname.lastname@example.org.