TERMS AND CONDITIONS

Effective Date: July 27, 2026

These Terms and Conditions (“Terms”) govern your access to and use of www.billiesbakedpotatoes.com and any related pages, online stores, ordering features, forms, content, services, and communications operated under the Billie's Baked Potatoes brand collectively, the “Website.”

These Terms also apply, where relevant, to purchases of food, beverages, merchandise, and related products or services from Billie's Baked Potatoes through the Website, at fairs and events, or through another ordering channel that refers to these Terms.

The Website and business are operated by [LEGAL BUSINESS NAME], doing business as Billie's Baked Potatoes (“Billie's,” “we,” “us,” or “our”).

By accessing the Website, placing an order, submitting information, or purchasing our products, you agree to be bound by these Terms. If you do not agree, do not use the Website or place an order through it.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to place an order through the Website.

A person under 18 may use the Website only with the involvement and permission of a parent or legal guardian. The parent or guardian is responsible for the minor’s use of the Website and any resulting purchase.

By using the Website, you represent that the information you provide is accurate, current, and complete.

2. Changes to These Terms

We may revise these Terms periodically to reflect changes in our business, Website, products, practices, or legal obligations.

Updated Terms will be posted on the Website with a revised effective date. Unless otherwise stated, revised Terms become effective when posted. Your continued use of the Website after revised Terms are posted constitutes acceptance of the updated Terms.

Changes will not retroactively alter material terms applicable to an order already accepted unless required by law or agreed to by you.

3. Website Information

We make reasonable efforts to keep the Website accurate and current. However, information may occasionally contain typographical errors, inaccuracies, omissions, or outdated information.

We may correct errors and update or remove Website content at any time. This may include information concerning:

Product descriptions;
Ingredients;
Menu items;
Prices;
Event schedules;
Locations;
Product availability;
Shipping estimates;
Images;
Promotions; and
Business operating hours.

Website images are provided for illustration. Actual products, packaging, colors, portions, toppings, designs, materials, and appearance may vary.

4. Event Locations and Schedules

Billie's operates at fairs, festivals, exhibitions, and other events that may be organized or controlled by third parties.

Event dates, locations, admission requirements, operating hours, booth locations, menus, and availability may change without notice because of weather, venue decisions, public-safety requirements, transportation issues, staffing, supply availability, or other circumstances.

Unless expressly stated otherwise:

Billie's does not operate or control the event itself;
Event admission, parking, tickets, security, accessibility services, and venue policies are provided by the event organizer;
Purchasing event admission does not guarantee that every Billie's menu item will be available;
Billie's is not responsible for refunds of event tickets, admission fees, travel expenses, lodging, parking, or other costs charged by third parties; and
Customers must comply with all event and venue rules.

Please confirm event details with the applicable event organizer before traveling.

5. Food and Beverage Purchases

5.1 Menu availability

Menu items, ingredients, toppings, portion sizes, preparation methods, and prices may vary by event, season, location, or supply availability.

We may substitute, modify, limit, or discontinue menu items at any time. A menu item appearing on the Website does not guarantee that it will be available at a particular event.

5.2 Special requests

We will make reasonable efforts to accommodate special preparation or topping requests, but we cannot guarantee that every request can be fulfilled.

Requests made through a website form, social media, or another communication channel are not confirmed unless expressly accepted by an authorized Billie's representative.

5.3 Food allergies and dietary restrictions

Our food may contain or come into contact with allergens, including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, sesame, and other ingredients that may cause allergic reactions or sensitivities.

Food may be prepared, stored, assembled, or served in areas where shared utensils, equipment, preparation surfaces, storage areas, containers, or ingredients are used. Cross-contact may therefore occur.

Customers with allergies, celiac disease, intolerances, medical dietary restrictions, or other food sensitivities must notify our staff before ordering and ask about current ingredients and preparation practices.

Although we will provide available information and may take reasonable precautions, we cannot guarantee that any item is completely free from a particular allergen or that cross-contact will not occur.

Descriptions such as “vegetarian,” “veggie,” “gluten-conscious,” or similar terms do not constitute a guarantee that an item is allergen-free, vegan, certified gluten-free, or suitable for a particular medical condition unless we expressly state otherwise in writing.

Customers are responsible for deciding whether a food item is appropriate for their individual dietary or medical needs. Anyone experiencing symptoms of a serious allergic reaction should seek emergency medical assistance immediately.

Nothing in this section limits any responsibility that cannot lawfully be limited.

5.4 Food handling after purchase

Customers should inspect food orders promptly and follow appropriate food-safety practices.

Hot or perishable food should be consumed promptly or refrigerated within a safe period. We are not responsible for spoilage, contamination, or illness resulting from improper handling, storage, transportation, reheating, or consumption after the food has been transferred to the customer.

5.5 Food quality concerns

Because prepared food is perishable, food purchases are generally final once provided to the customer.

If an order is incorrect, incomplete, damaged, unsafe, or materially below reasonable quality expectations, please notify our staff immediately or contact us as soon as reasonably possible. We may request a receipt, photograph, order information, or other details.

When appropriate, we may replace the affected item, correct the order, issue store credit, or provide a partial or full refund. The appropriate resolution will depend on the circumstances and applicable law.

6. Merchandise Products

The Website may offer apparel, drinkware, hats, accessories, commemorative products, and other merchandise.

6.1 Product descriptions

We attempt to describe merchandise accurately. However:

Screen settings may affect how colors appear;
Product dimensions may have minor variations;
Apparel sizing may vary by manufacturer or style;
Natural or manufactured materials may contain normal variations;
Product packaging may change;
Product images may show props or items that are not included; and
Substitutions may be made when they do not materially reduce the product’s quality or functionality.

Customers are responsible for reviewing product descriptions, sizing information, care instructions, disclaimers, and available options before purchasing.

6.2 Made-to-order and third-party fulfillment

Certain merchandise may be manufactured, printed, packaged, or shipped after an order is placed. We may use third-party manufacturers, print providers, warehouses, carriers, or fulfillment companies.

Minor differences in print placement, size, shade, finish, or manufacturing characteristics may occur and will not necessarily constitute a defect.

Products identified as customized, personalized, limited-edition, made-to-order, or final sale may not be returned for preference, sizing, or buyer’s remorse unless otherwise stated or required by law.

7. Prices, Taxes, and Charges

All prices are shown in U.S. dollars unless otherwise stated.

Prices may change at any time, but a price change will not affect an order we have already accepted except where the displayed price resulted from an obvious error.

Applicable taxes, shipping fees, delivery fees, service charges, event fees, and other charges will be displayed before an online order is submitted when reasonably practicable.

The customer is responsible for all applicable taxes and charges associated with an order.

If a product is listed at an obviously incorrect price because of a technical, typographical, or supplier error, we may cancel the order and refund the amount paid.

8. Online Orders

8.1 Order submission

Submitting an online order is an offer to purchase the selected products. An automated order acknowledgment confirms that we received the order but does not necessarily mean that we have accepted it.

We may accept an order by sending a confirmation, beginning fulfillment, or shipping the product.

8.2 Right to reject or cancel an order

We may reject, limit, or cancel an order for legitimate reasons, including:

Product unavailability;
Pricing or product-description errors;
Suspected fraud;
Unauthorized payment activity;
Resale activity;
Shipping restrictions;
A customer’s violation of these Terms;
Technical errors;
Safety concerns; or
Circumstances beyond our reasonable control.

If we cancel an order after payment has been processed, we will refund the amount charged for the canceled portion.

We may limit quantities purchased by a person, household, account, payment method, or address.

8.3 Customer information

You are responsible for providing accurate billing, contact, and shipping information. We are not responsible for delays, losses, or additional expenses resulting from an incorrect or incomplete address provided by the customer.

9. Payment

Payment must be made through a payment method offered at checkout or accepted at the applicable sales location.

By submitting payment information, you represent that:

You are authorized to use the payment method;
The payment information is accurate;
The transaction complies with applicable law; and
You authorize us and our payment processors to charge the total displayed at checkout.

Payments may be processed by third-party payment providers. We do not necessarily receive or store complete payment-card information.

Orders may be delayed or canceled when payment cannot be verified, is declined, or is identified as potentially unauthorized or fraudulent.

You remain responsible for amounts properly charged, including applicable taxes and fees.

10. Shipping and Delivery

10.1 Shipping destinations

We ship only to destinations made available during checkout. We may decline or cancel an order that cannot lawfully or reasonably be shipped to the requested destination.

10.2 Processing and delivery estimates

Processing and delivery dates are estimates unless we expressly guarantee a specific date in writing.

Estimated delivery time may include separate production, fulfillment, and carrier transit periods. Made-to-order merchandise may require additional processing time.

We will make reasonable efforts to ship merchandise within the timeframe displayed at checkout or otherwise communicated to you.

If no shipping timeframe is provided, we will ship within the period required by applicable law. If we cannot ship within the promised or legally applicable period, we may request your consent to a delay or cancel and refund the unshipped portion of the order.

10.3 Carrier delays

After a package is transferred to a carrier, delivery may be affected by weather, transportation interruptions, labor disputes, customs, incorrect addresses, carrier volume, or other circumstances outside our reasonable control.

We will provide reasonable assistance with a documented carrier issue but do not guarantee carrier performance.

10.4 Delivery

An order is considered delivered when carrier records show delivery to the shipping address, an authorized recipient, parcel locker, pickup location, or other delivery location selected by the customer.

Risk of loss passes to the customer upon confirmed delivery, except where applicable law provides otherwise.

Customers are responsible for providing a secure delivery location and promptly retrieving delivered packages.

10.5 Lost or missing packages

Report a package that appears lost or incorrectly delivered within 14 days after the expected delivery date or carrier delivery confirmation.

We may require the customer to:

Confirm the shipping address;
Check with household members, neighbors, building personnel, or the carrier;
Complete a carrier claim or declaration;
Provide identification or supporting documentation; or
Cooperate with a fraud or delivery investigation.

A replacement or refund will be determined based on the available evidence, carrier findings, product availability, and applicable law.

11. Merchandise Returns and Refunds

This section applies unless a different return policy is clearly disclosed on the applicable product page or at the point of sale.

11.1 Standard merchandise returns

Eligible merchandise may be returned within 30 days after delivery when it is:

Unused;
Unworn;
Unwashed;
Undamaged;
In resalable condition; and
Returned with its original packaging, tags, accessories, and proof of purchase.

Before sending a return, contact us at [CUSTOMER SERVICE EMAIL] to request return instructions.

Unauthorized returns may be refused or delayed.

11.2 Nonreturnable items

The following are generally not returnable unless defective, damaged, incorrectly supplied, or otherwise required by law:

Food and other perishable goods;
Used, worn, washed, or altered products;
Customized or personalized products;
Products clearly identified as made-to-order or final sale;
Gift cards;
Items damaged through misuse or improper care; and
Items returned after the applicable return period.

11.3 Return shipping

Customers are responsible for return-shipping costs for preference, sizing, or buyer’s-remorse returns.

We will pay or reimburse reasonable return-shipping costs when we supplied an incorrect item or when a product arrived materially damaged or defective, subject to verification.

Original shipping charges are nonrefundable unless the return results from our error or applicable law requires otherwise.

Customers should retain return tracking information. We are not responsible for a return package until it is received by us or our designated return facility.

11.4 Refund processing

Approved refunds will generally be issued to the original payment method.

Please allow a reasonable processing period after the returned item is received and inspected. Financial institutions may require additional time to post the refund.

We may deduct an amount reflecting diminished value when an item has been handled beyond what is reasonably necessary to inspect it, to the extent permitted by law.

11.5 Exchanges

Exchanges are subject to product availability. We may process an exchange as a return and a new order.

11.6 Damaged, defective, or incorrect merchandise

Inspect merchandise promptly after delivery.

Contact us within 14 days after delivery if an item arrives damaged, defective, misprinted, or materially different from the item ordered. Include the order number, a description of the problem, and clear photographs when reasonably requested.

Depending on the circumstances, we may provide a replacement, repair, refund, or another legally appropriate remedy.

Normal wear, sizing preference, minor manufacturing variations, damage caused by misuse, and failure to follow care instructions are not product defects.

11.7 Statutory rights

Nothing in this return policy eliminates or restricts rights or remedies that cannot be waived under applicable consumer-protection law.

12. Promotions, Discounts, and Gift Cards

Promotional offers are subject to the specific terms displayed with the offer.

Unless otherwise stated:

Promotions cannot be combined;
Promotions have no cash value;
Discounts apply only during the stated period;
Promotions may exclude taxes, shipping, gift cards, limited-edition products, or specified items;
Promotions are limited to one use per customer or order; and
We may cancel or modify a promotion affected by fraud, abuse, error, or circumstances outside our reasonable control.

Gift cards, if offered, are subject to applicable law and any terms provided when purchased. Lost or stolen gift cards may not be replaced without satisfactory proof of purchase.

13. Accounts and Website Security

If the Website allows customer accounts, you are responsible for maintaining the confidentiality of your login credentials and restricting access to your device.

You are responsible for activity conducted through your account unless it resulted from a security failure for which you are not responsible.

Notify us promptly if you believe your account or payment information has been compromised.

We may suspend or terminate an account that appears fraudulent, insecure, abusive, or in violation of these Terms.

14. Acceptable Use

You may use the Website only for lawful personal or business-consumer purposes.

You may not:

Violate any applicable law or regulation;
Use the Website for fraud or unauthorized transactions;
Interfere with Website security or operation;
Attempt to gain unauthorized access to accounts, systems, or data;
Introduce malware, harmful code, automated attacks, or excessive traffic;
Scrape, copy, harvest, or extract Website data through automated means without written permission;
Impersonate another person or misrepresent an affiliation;
Submit false, deceptive, unlawful, defamatory, threatening, or infringing content;
Use our trademarks, images, menu content, or other materials without permission;
Resell products in a misleading manner or imply that you are an authorized distributor;
Use the Website to send spam or unsolicited commercial communications; or
Assist another person in engaging in prohibited conduct.

We may investigate suspected violations and cooperate with lawful requests from public authorities.

15. Intellectual Property

The Website and its content—including the Billie's Baked Potatoes name, logos, graphics, photographs, illustrations, designs, text, recipes as presented, videos, product designs, layout, and software—are owned by or licensed to Billie's and are protected by applicable intellectual-property laws.

Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for personal, noncommercial purposes.

You may not reproduce, distribute, modify, publicly display, publish, sell, license, create derivative works from, or commercially exploit Website content without prior written permission.

No license to use our trademarks, trade names, logos, or branding is granted except as expressly stated.

16. Customer Content and Communications

If you submit a review, photograph, testimonial, comment, suggestion, recipe idea, social-media tag, or other content to us (“Customer Content”), you represent that:

You own the content or have permission to submit it;
The content is accurate to the best of your knowledge;
The content does not violate another person’s rights;
The content is not unlawful, deceptive, defamatory, threatening, or obscene; and
The content does not contain harmful code or unauthorized advertising.

You retain ownership of your Customer Content.

By submitting Customer Content to us or publicly tagging Billie's in connection with our products, you grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, display, adapt, and share that content for operating, promoting, and improving the business, subject to applicable privacy and publicity laws.

We are not required to use Customer Content and may remove it from areas we control.

Private customer-service communications will not be used publicly as testimonials without appropriate permission.

17. Third-Party Services and Links

The Website may rely on or link to third-party services, including:

Website-hosting providers;
Payment processors;
Fulfillment providers;
Shipping carriers;
Mapping services;
Social-media platforms;
Event organizers; and
Other external websites.

Third parties operate under their own terms and privacy practices. We do not control and are not responsible for third-party content, availability, security, policies, services, fees, or conduct.

A link or integration does not necessarily constitute an endorsement.

Your dealings with a third party are between you and that third party, except to the extent we expressly agree otherwise.

18. Privacy

Our collection and handling of personal information are described in our Privacy Policy, available at [PRIVACY POLICY URL].

By using the Website, you acknowledge that online transmissions and storage systems cannot be guaranteed to be completely secure.

Do not submit sensitive personal information through a general contact form unless it is reasonably necessary and the form expressly requests it.

19. Electronic Communications

By using the Website, placing an order, or contacting us electronically, you consent to receive transactional communications electronically, including order confirmations, receipts, shipping updates, customer-service responses, policy notices, and legally required disclosures.

Transactional communications are not promotional marketing messages.

Where required, promotional email or text messages will be sent only with appropriate consent. You may unsubscribe from promotional email using the unsubscribe method provided in the message.

Electronic records and communications satisfy any requirement that communications be provided in writing, to the extent permitted by law.

20. Disclaimer of Warranties

To the fullest extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis.

We do not warrant that:

The Website will always be available, uninterrupted, or error-free;
Website information will always be complete or current;
Every event, product, or menu item will be available;
Website defects will be corrected immediately; or
The Website will be free of viruses or harmful components.

Products are subject to any express written warranty provided with the product. Except for such express warranties and warranties that cannot lawfully be excluded, we disclaim implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

21. Limitation of Liability

To the fullest extent permitted by law, Billie's and its owners, officers, employees, contractors, affiliates, suppliers, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, lost opportunities, reputational harm, or travel expenses, arising from or relating to:

Use or inability to use the Website;
Reliance on Website information;
Event changes or cancellations;
Product availability;
Third-party websites or services;
Carrier delays;
Unauthorized access not caused by our failure to use legally required safeguards; or
A customer’s misuse, improper handling, storage, or consumption of a product.

To the fullest extent permitted by law, our aggregate liability arising from a Website transaction or merchandise purchase will not exceed the greater of:

The amount you paid to us for the product or transaction giving rise to the claim; or
$100.00.

These limitations do not apply to liability that cannot legally be excluded or limited, including liability arising from fraud, willful misconduct, gross negligence, or personal injury to the extent applicable law prohibits limitation.

Nothing in these Terms limits any nonwaivable consumer-protection right or legal remedy.

22. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Billie's and its owners, officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, and reasonable expenses arising from:

Your unlawful or prohibited use of the Website;
Your material violation of these Terms;
Customer Content you submit;
Your infringement of another person’s intellectual-property, privacy, or other rights; or
Fraudulent or unauthorized activity conducted by you.

This obligation does not require you to indemnify us for our own negligence or misconduct.

23. Force Majeure

We will not be responsible for a delay or failure caused by circumstances beyond our reasonable control, including:

Severe weather;
Fire, flood, or natural disaster;
Epidemic or public-health emergency;
War, terrorism, civil unrest, or government action;
Labor disputes;
Utility, internet, or technology failures;
Transportation or carrier interruptions;
Venue closures;
Supplier or ingredient shortages;
Equipment failure despite reasonable maintenance; or
Other events that could not reasonably have been prevented.

This section does not excuse payment obligations for products already delivered and does not eliminate refund rights required by law.

24. Suspension and Termination

We may suspend or terminate access to the Website when we reasonably believe a person has:

Violated these Terms;
Engaged in fraudulent or abusive activity;
Threatened the security or operation of the Website;
Misused our intellectual property; or
Created legal or safety risks.

Termination does not affect rights or obligations that arose before termination.

Sections that by their nature should survive termination—including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and miscellaneous provisions—will remain effective.

25. Governing Law and Dispute Resolution

These Terms and any dispute arising from them are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

Before filing a lawsuit, you and Billie's agree to make a good-faith effort to resolve the dispute informally.

A written dispute notice should include:

The sender’s name and contact information;
The applicable order number;
A description of the dispute;
Relevant supporting information; and
The requested resolution.

Notices to Billie's must be sent to [LEGAL NOTICE EMAIL] or [MAILING ADDRESS].

The parties will have at least 30 days after receipt of a complete notice to attempt an informal resolution.

Unless applicable law provides otherwise, any court proceeding must be brought in a state or federal court located in Massachusetts in the county where our principal place of business is located, and each party consents to that court’s jurisdiction.

An eligible consumer may bring a qualifying claim in small-claims court.

Nothing in this section prevents either party from seeking emergency injunctive relief to prevent misuse of intellectual property, unauthorized system access, fraud, or another immediate and irreparable harm.

Nothing in these Terms eliminates rights or remedies available under applicable Massachusetts or federal consumer-protection law.

26. Notices

We may provide notices by:

Posting them on the Website;
Sending them to the email address associated with an order or account; or
Using another reasonable electronic method.

Notices to us must be sent through the Website contact form or to the contact details listed below.

A legal notice concerning a dispute should clearly state that it is a “Legal Notice.”

27. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms in connection with a merger, sale, reorganization, transfer of assets, change of control, or transfer to an affiliated entity, subject to applicable law.

28. Severability

If a provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted or modified to reflect its intended purpose.

The remaining provisions will remain in effect.

29. No Waiver

A failure or delay in enforcing a provision does not waive the right to enforce that provision or another provision later.

A waiver is effective only when made in writing by an authorized representative.

30. No Third-Party Beneficiaries

These Terms are for the benefit of you and Billie's. They do not create enforceable rights for another person except where expressly stated.

31. Entire Agreement

These Terms, the Privacy Policy, any return or shipping policy posted on the Website, applicable product-page terms, and any terms presented at checkout constitute the entire agreement between you and Billie's concerning the Website and applicable purchases.

When specific product or promotional terms conflict with these general Terms, the more specific terms control with respect to that product or promotion.

32. Contact Information

Questions about these Terms, orders, products, or returns may be directed to:

[LEGAL BUSINESS NAME]
Doing business as Billie's Baked Potatoes
[STREET ADDRESS]
[CITY, MASSACHUSETTS ZIP CODE]
Email: [CUSTOMER SERVICE EMAIL]
Telephone: [BUSINESS TELEPHONE, IF USED]
Website: www.billiesbakedpotatoes.com

For the fastest response to routine questions, customers may also use the contact form available on the Website.