Stash Program Details

Welcome to the Freshly Picked Stash subscription program (“Program”). We appreciate your business and look forward to serving your needs. These terms and conditions are a binding agreement (“Agreement”) that governs the relationship between you (“You” or “Member”) and Freshly Picked LLC (“Freshly Picked” or “We”). We reserve the right to make amendments to this Agreement from time to time, and we will post the revised versions on our website when we do. Amended terms are binding on any orders placed after the new terms are posted to our website.

Subscription Costs and Benefits

· You pay $10 per month to become a Member. In exchange, you receive the following benefits for as long as your monthly fees are current.
· You will receive a $10 in-store credit each month. This credit can be rolled over and added to current credits from month to month. Credits will expire after 12 months of account inactivity.
· You will receive 20% off all Soft Sole, Mini Sole II, and Newborn products referred to as "Moccs." (1)
· You will receive early access to products we list exclusively for subscribers. The products we list are in our sole and absolute discretion.
· You will receive free standard ground shipping(2) in the continental United States (48 states the District of Columbia excluding HI and Alaska) on Moccs. If we provide you with different costs and benefits when you subscribe, those provisions (only those that relate to the specific costs and benefits) will prevail over these terms.

Subscription Rules:
We never issue any refunds for cash. The credits are exclusively available for online-store purchases of Freshly Picked products. If you cease paying your subscription fees and your membership lapses, or if you choose to cancel your membership, you will not be eligible to become a member again for a period of twelve months.

(1) Certain products such as deeply discounted products, special items (facemasks, etc.), and sitewide sales (including Semi-Annual Sale(s), Cyber Week Sale, and Online Warehouse Sale) may be excluded from 20% Stash discount


Stash Terms of Use

You have accepted these Terms of Use, which govern your use of our service.

As used in these Terms of Use, "Freshly Picked service", "our service" or "the service" means the personalized service provided by Stash for purchasing and utilizing Freshly Picked products, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 3 TO RESOLVE ANY DISPUTES WITH FRESHLY PICKED (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Membership

1.1. Your Stash membership will continue and automatically renew until terminated. To use the Freshly Picked Stash service you must have Internet access and a Freshly Picked account and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).

1.2. We may offer a number of membership plans, including memberships 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. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Freshly Picked Stash membership by visiting the freshlypicked.com website and clicking on the "Account" link available at the top of the site.
Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Freshly Picked at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent Freshly Picked membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Freshly Picked membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Billing and Cancellation

2.1. Billing Cycle. The membership fee for the Freshly Picked Stash service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the freshlypicked.com website and click on the "Manage Subscription" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.

2.2. Payment Methods. To use the Freshly Picked Stash service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

2.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

2.4. Cancellation. You can cancel your Freshly Picked Stash membership at any time, and you will immediately lose access to your Stash benefits. To cancel, go to the "Account" page on our freshlypicked.com website and follow the instructions for cancellation. There will be no refunds for partial month. 

2.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or 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 these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

2.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.


Arbitration Agreement

3.1. You and Freshly Picked agree that any dispute, claim or controversy arising out of or relating in any way to the Freshly Picked Stash service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Freshly Picked are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Freshly Picked Stash membership.

3.2. YOU AND Freshly Picked AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Freshly Picked agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Miscellaneous

Misc

4.1. Feedback. Freshly Picked is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Freshly Picked service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Freshly Picked service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

4.2. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please email hello@freshlypicked.com. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will control.

4.3. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

4.4. Changes to Terms of Use and Assignment. Freshly Picked may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Freshly Picked service.

4.5. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Last Updated: August 9th, 2022