TERMS AND CONDITIONS

Last updated: February 16, 2021

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the My Corner Butcher website (the “Service”) operated by My Corner Butcher, LLC (also referred to herein as “the Company” “us”, “we”, or “our”). 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. From time to time we may update the Service and these Terms in our sole discretion. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.

You agree to use the Service only for lawful purposes and in accordance with these Terms. 

THESE TERMS CONTAIN AN INDEMNITY PROVISION IN SECTION 5, DISCLAIMERS, LIMITATIONS OF LIABILITY IN SECTION 7, AND A MADITORY ARBITRATION CLAUSE AT OUR SOLE DISCRETION IN SECTION 8.

Please do not hesitate to contact us with any questions you may have. If you have any questions about these Terms, please contact us at: 

My Corner Butcher, LLC

Phone: 252-335-2254

Email: [email protected]

Section 1. Orders

By completing and submitting an electronic order, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.

Certain steps must be followed for a contract to be formed, as described below.

After you have placed your order, you will receive a Confirmation Email to acknowledge your order. It will confirm which products you have ordered, but it will not constitute an acceptance of your order. You may be directed to a third-party site to complete your order, and you may also be notified in the case of a shortage of any particular product.

We do not have to accept your order, and for example, we will not accept your order if:

(1) We do not have the products in stock

(2) Your payment is not authorized

(3) There is an error on our website regarding the price or other details of the products

(4) You have canceled your order

We reserve the right to refuse any order, or to modify an order or any portion thereof, even after your receipt of a Confirmation Email for any reason whatsoever.  We reserve the right to limit the number of items ordered and to refuse service to you without prior notice.  If you order several items and some are not available, we reserve the right to cancel your order or to modify the order for what items are available and will refund you the cost of the items not available.

After we confirm that the product is in stock at the correct price and other details of the order and that your payment is authorized, we will email you an Invoice. This Invoice Email is an acceptance of your offer to purchase, at which point it will be a binding contract.

To process an order, you will be asked to supply certain personal information including, without limitation, your credit card number, the expiration date of your credit card, your billing address, email address, and your shipping information.

By placing an order you represent and warrant that: (i) you are under no legal disabilities that would impair the creation of a binding contract; (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any ordered goods; and that (iii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of orders. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy which is incorporated herein by reference.

Section 2. Pricing and Product Orders

Most of our goods are custom cut and not warehoused, and with respect to items sold on the Service, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by us is higher than our stated price, then we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We attempt to be as accurate as possible. However, we are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, additionally, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Section 3. Delivery Restrictions

We are only able to deliver to certain locations.  To qualify for residential delivery the order must be for goods that cumulatively amount to over $100.00. Our Service is designed to notify you when you enter your ZIP code whether we are able to deliver to you.  However, it may function improperly, and should not be relied on.  For questions regarding our ability to have goods delivered to you please call us at 252-335-2254 or email us at [email protected]. If we are unable to deliver to you, your order will be made available for pick up Monday through Friday during normal business hours from 9 am until 4 pm.  The address for pick up is:

509 North Water Street 

Elizabeth City, N. C. 27909

We require 24 hours prior notice of orders before they can be picked up, and we strongly recommend calling us prior to coming to pick up the order.  We may also send you an email notifying you that your order is ready to be picked up.  If you have any questions regarding our delivery restrictions or regarding pick up, please contact us at 252-335-2254.

Similarly, we do all our own deliveries, delivery vehicle and processing equipment breakdowns may cause delays in delivery.  Likewise, inclement weather and acts of God may delay deliveries. Deliveries may not be able to be made to areas difficult to access or ones that may place employees in harm’s way.

Prior to delivery, you will receive an email or text message notification for the time of delivery.  Due to the perishable nature of our product, you agree to be present at the time of delivery in order to inspect the product, in accordance with our Return and Refund Policy which is incorporated fully herein by reference.  IF YOU ARE NOT PRESENT AND THE ITEM IS LEFT ON THE PORCH, OR NEAR THE FRONT DOOR, OR ANY OTHER CONSPICUOUS PLACE ON THE PROPERTY WHERE A PACKAGE MAY BE LEFT, YOU AGREE THAT IT SHALL BE DEEMED ACCEPTED BY YOU AND THAT YOU THEREFORE WILL NEITHER BE ABLE TO BE RETURN THE GOODS NOR BE REFUNDED THE PURCHASE PRICE.  If you are not going to be present, there is an option for you to leave special delivery instructions for our delivery drivers.  However, there is no guarantee that the instructions will be followed, nor will we be liable to you in any ways should the instructions not be followed, and further giving special instructions will not make the goods returnable or refundable if you are not present to receive and inspect the goods at delivery.  Once delivered or left at the address you provided, you agree to bear the risk of loss of the goods. If you have any questions regarding your delivery, or for any special instructions for the delivery, please contact us at 252-335-2254.

Section 4. Accounts

When you create an account with us, you guarantee that you are above the age of 18 or legally emancipated, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Section 5. Indemnity

You agree to indemnify, defend and hold the My Corner Butcher, LLC, its affiliates, parents, subsidiaries, suppliers, contractors, licensees and service providers and each of its and their officers, employees, directors, licensors, agents, representatives, successors and assigns harmless from any claims, damages, liabilities, losses, judgments, awards, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to your violation of these Terms, your use of the Service, any use of the Service content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

Section 6. DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY CORNER BUTCHER, LLC, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. MY CORNER BUTCHER, LLC, DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OR CONDITIONS OF WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Section 7. LIMITATION OF LIABILITY

MY CORNER BUTCHER, LLC, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY MY CORNER BUTCHER, LLC, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.  OUR AGRIGATE LIABILTITY RELATING TO THESE TERMS OR MY CORNER BUTCHER PRODUCTS SHALL NOT EXCEED THE AMOUNT OF YOUR LAST ORDER.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Section 8. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.  Arbitration shall occur in Pasquotank County, North Carolina.

Section 9. Governing Law and Venue

These Terms are governed by the laws of the state of North Carolina, in the United States of America, and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of North Carolina, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina. By using the Service, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in North Carolina.

YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS, NOT SUBJECT TO ARBITRATION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE TRIED AND LITIGATED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN PASQUOTANK COUNTY, NORTH CAROLINA. 

Section 10. Contests, Sweepstakes and Promotions

The Service may contain coupons, special promotions, sweepstakes, contests, games, or other promotional features or functionality (collectively, “Promotions”). Promotions will be available on a first come first served basis until the inventory is sold out. These Promotions may be subject to special terms and conditions, such as eligibility requirements, entry deadlines, or other rules and restrictions (“Special Terms and Conditions”). Promotions may be limited to participating locations. If Special Terms and Conditions apply for any Promotion, we will post the applicable Special Terms and Conditions or provide a link to the Special Terms and Conditions on the web page featuring the Promotion. The Special Terms and Conditions shall supplement and amend these Terms and are hereby incorporated into these Terms. Coupons will have their own Special Terms and Conditions printed on the coupons.

Section 11. Fundraisers

My Corner Butcher, LLC, provides a unique fundraiser option for organizations desiring to fundraise.  Interested organizations should fill in the Fundraiser Inquiry form which is an application. We reserve the right to reject any application for any reason or no reason at all.

My Corner Butcher, LLC, will provide a commission for sales conducted by Organizations for fundraising, which commission based on market price and availability of goods and/or number of sales.  For the current rate please do not hesitate to contact us.

The Organization and My Corner Butcher, LLC, will collaborate to pick 10 featured products for sale during the fundraising event.  My Corner Butcher, LLC, will provide the Organization with Flyers for promoting the event, a Fundraiser Profile, individual purchase order forms for making sales, and a final order form for the organization to submit to My Corner Butcher, LLC after the sales period is over for the entire order.

The Organization has the following two options regarding delivery.  

First, My Corner Butcher may deliver subject to our delivery restrictions, by sending a truck to an address provided by the Organization, for a predetermined and mutually acceptable time slot.  The Organization shall have the duty to notify individuals of the address, date and time for delivery, and that time shall be reflected on the Flyers. Individuals may then come to pick up their individual orders from the truck at that time. Individuals will then have the duty to inspect the goods on delivery, and if accepted on delivery, and carried away from the truck, My Corner Butcher, LLC will not accept returns nor offer any refund for the purchase price. After the expiration of one hour time slot for delivery, if there are orders that individuals have not picked up, the goods will be left with the Organization for storage.  The Organization by virtue of the application warrants that it has the ability to store the goods as recommended on the packaging.  The Organization also shall have the duty to inspect the goods for the individual, as there will be no returns or refunds for goods left with the Organization.  All risk of loss of the goods at that point will be on the Organization.

Second, the Organization may choose to pick up the goods from our offices at 509 N. Water Street.  The Organization shall inspect all orders prior to leaving our office.  If accepted by the Organization at that time, there will be no refunds or returns of any individual order.  The Organization warrants that it has the ability to properly handle and store the goods in accordance with the packaging until individual orders are filled.  When the Organization takes the goods from our office all risk of loss passes to the Organization.

Nothing within this section shall constitute a partnership between or joint venture by the Organization and My Corner Butcher, LLC or constitute either party the agent of the other. No party shall hold itself out contrary to the terms of this Section and no party shall become liable by any representation, act or omission of the other contrary to the provisions hereof. This Section is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not.

Except as modified herein, all of our general terms apply to fundraisers. 

Section 12. Gift Cards

Our Gift Cards may be used for making a payment for a purchase through our Service.  Our Gift Cards are not a credit/debit cards and have no implied warranties.  My Corner Butcher, LLC is not responsible for lost, stolen, or damaged cards or any unauthorized card use.  The Gift Card is only redeemable for My Corner Butcher, LLC services and products.  The Gift Card is not redeemable for cash and any unused balance after a purchase remains on the Gift Card.

A Gift Card must be used within one year after the purchase of the Gift Card.  All Gift Cards expire one year after the purchase of the Gift Card, and thereafter will not be accepted as payment for My Corner Butcher products.

Section 13. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Section 14. Termination of Accounts

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Section 15. Intellectual Property Infringement Notification

We are committed to complying with U.S. intellectual property laws and to respond to claims of copyright, trademark or patent infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions as set forth herein. Notifications of claimed intellectual property infringement should be sent to us with the heading “Intellectual Property Infringement Notification”. Notification must be submitted us in the manner described below:

By Mail: My Corner Butcher, LLC


509 North Water Street 

Elizabeth City, N. C. 27909

By E-mail: [email protected]

You must provide all of the following information when providing notice of the claimed intellectual property infringement:

A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner.

Identification of the intellectual property claimed to have been infringed.

Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit the Company to locate the material.

Information reasonably sufficient to permit the Company to contact the intellectual property owner, such as an address, telephone number, and, if available, an electronic mail address.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

For more details on the information required for valid notification of copyright under the Digital Millennium Copyright Act, see 17 U.S.C. 512(c)(3).

You should be aware that, under the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

Section 16. Intellectual Property

The Service and its original content, event forms, features and functionality are and will remain the exclusive property of My Corner Butcher, LLC, and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of My Corner Butcher, LLC.

Section 17. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your use of the Service after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Section 18. Miscellaneous

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and us, and is accepted by you upon your use of the Service. These Terms and the agreements incorporated by reference, including, without limitation, our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Service. By using the Service you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms. These Terms operate to the fullest extent permissible by law.