1. Acceptance of Terms

By accessing or using the Zavor & Co. website located at https://www.zavorco.com (the “Site”), placing an order, enrolling in Auto-Delivery, or creating an account through our customer portal, you agree to be legally bound by these Terms of Service, our Privacy Policy, and any other policies expressly referenced in these Terms.

These Terms constitute a binding legal agreement between you (“Customer,” “you,” or “your”) and Komel Inc., doing business as Zavor & Co. (“Zavor & Co.,” “we,” “us,” or “our”), a Pennsylvania business operating in Trexlertown, Pennsylvania.

We may update these Terms as described in Section 22. Your continued use of the Site or services after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by law.

2. About Our Products and Ordering Options

Zavor & Co. offers naturally gluten-free frozen arepas for local delivery within our active service area in the Lehigh Valley, Pennsylvania region. Zavor arepas are designed to be kept in the freezer, heated in minutes, and enjoyed throughout the day.

Customers may select either of the following purchase options:

You may select the number of packages available through the checkout. Order quantities are subject to the limits displayed at checkout, product availability, delivery capacity, and our right to contact you regarding unusually large or commercial orders. Prices and charges shown during checkout control if they differ from this summary because of a properly disclosed future update, tax, or approved special arrangement.

3. Service Area and Eligibility

3.1 Geographic Restrictions

Delivery is currently available only within selected ZIP codes in the Lehigh Valley, Pennsylvania region. By placing an order, you represent that your delivery address falls within our active service area. If we accept an order that cannot be fulfilled because the address is outside our service area, the affected order will be canceled and the amount collected for that order will be refunded.

3.2 Age Requirement

You must be at least 18 years old to place an order, enroll in Auto-Delivery, or create an account. By using our services, you represent and warrant that you meet this requirement.

3.3 Information Accuracy

You agree to provide accurate, current, and complete order, billing, contact, and delivery information and to update that information when necessary. We are not responsible for a failed or delayed delivery caused by inaccurate or incomplete information you provided.

4. Pricing, Taxes, and Charges

4.1 Buy Once

A Buy once purchase is charged one time when the order is placed. The current price is $16.00 per package of 10 arepas, plus a single $5.00 flat local-delivery fee for the order and any applicable taxes. The delivery fee does not increase solely because more packages are included in the same order.

4.2 Auto-Delivery

Auto-Delivery is an optional recurring-purchase program. The current price is $16.00 per package of 10 arepas, charged monthly for the quantity you select, plus any applicable taxes. Standard local delivery is included at no additional charge while Auto-Delivery remains active.

4.3 Price Changes

We may change prices, fees, or Auto-Delivery terms. A change applies to future Buy once orders when displayed at checkout. For an active Auto-Delivery enrollment, we will provide at least 30 days’ advance notice of a material price change to the email address associated with your account unless a different notice period is required by law. You may cancel before the new price takes effect. Continuing Auto-Delivery after the effective date authorizes charges at the new, disclosed price.

5. Payment and Billing

5.1 Payment Processing

Payments are processed through Stripe, our third-party payment processor. By providing payment information, you represent that you are authorized to use the selected payment method and authorize the charges described at checkout and in these Terms.

5.2 Auto-Delivery Billing Date

Auto-Delivery ordinarily renews on the same calendar day each month as your initial enrollment. If that date does not exist in a particular month, billing may occur on the last day of that month. Your actual renewal information will be shown in your account or payment records.

5.3 Failed or Reversed Payments

If a payment fails, additional attempts may be made. If payment cannot be collected or is reversed, we may cancel the affected order, stop its preparation or delivery, or suspend or cancel Auto-Delivery. An Auto-Delivery shipment is not eligible for delivery unless the applicable recurring payment is successfully completed. We may notify you by email or another communication method you authorized.

5.4 Order Review

We may refuse, limit, or cancel an order when reasonably necessary because of product availability, delivery capacity, suspected fraud, payment problems, an incorrect price or product listing, a service-area issue, or another legitimate operational or legal reason. If we cancel an order after collecting payment and do not fulfill it, we will refund the amount collected for that order.

6. Auto-Delivery Management

6.1 Customer Portal

The customer portal may provide access to Auto-Delivery management, payment details, billing history, and order information. Portal access may be provided through a secure link sent to your registered email address.

6.2 No Pause or Skip

Auto-Delivery cannot currently be paused and an individual recurring order cannot be skipped. To stop future recurring charges and deliveries, you must cancel Auto-Delivery. To restart later, you must enroll again under the pricing, availability, service-area requirements, and terms then in effect.

6.3 Quantity Changes

If the customer portal does not offer a direct way to change your Auto-Delivery quantity, cancel the current enrollment and enroll again with the desired quantity. A new enrollment is subject to current pricing, availability, checkout limits, service-area requirements, and delivery scheduling.

6.4 Cancellation

You may cancel Auto-Delivery at any time without a cancellation fee through the customer portal or by contacting us at [email protected]. Cancellation stops future recurring charges after it is successfully processed. To avoid the next recurring charge, complete your cancellation before your next billing date.

Cancellation does not automatically cancel or refund an order that has already been successfully charged. If you want us to stop an already-paid order, contact us promptly. We will review the request case by case based on the order’s preparation and delivery status, our ability to stop fulfillment, and applicable law.

7. Refunds, Replacements, and Order Problems

7.1 Food Orders

Because our products are food items, returns are not accepted unless we expressly authorize one. Refund or cancellation requests involving an already-paid order are reviewed case by case and are not guaranteed, except where required by law or expressly stated in these Terms.

7.2 Product or Delivery Problems

We may provide an appropriate refund, replacement, credit, or other resolution when:

• The product arrives spoiled, damaged, or significantly different from what was ordered.
• The delivery address is outside our service area and we cannot fulfill the accepted order.
• We cannot complete delivery because of circumstances within our control.
• Another resolution is required by applicable law.

Contact us at [email protected] within 48 hours after the completed or scheduled delivery, as applicable. Include your order information, a description of the issue, and, when reasonably possible, photographs showing the product or delivery condition. Nothing in this section limits any non-waivable rights or remedies provided by law.

8. Delivery Terms

8.1 Delivery Schedule

Regular local deliveries are scheduled for Wednesdays. An order or recurring Auto-Delivery payment successfully completed by Monday at 11:00 p.m. Eastern Time is generally eligible for delivery that Wednesday. A payment completed after the cutoff is generally scheduled for the following available Wednesday. Auto-Delivery is billed and delivered once per monthly billing cycle; it does not create weekly deliveries.

Delivery dates are estimates rather than guarantees. Holidays, severe weather, unsafe conditions, product availability, capacity constraints, or other circumstances may require a different delivery date. We will provide notice when reasonably possible.

8.2 Delivery Conditions

You are responsible for providing accurate delivery instructions and a safe, accessible, and temperature-appropriate location for drop-off. You do not need to be present unless we notify you otherwise. You are responsible for retrieving the delivery promptly and placing the arepas in the freezer.

Zavor & Co. is not responsible for diminished quality, thawing, spoilage, loss, theft, or damage occurring after delivery has been completed at the address and location you provided, except where otherwise required by law.

8.3 Missed Deliveries

If we cannot complete a delivery because of incorrect information, an inaccessible location, unsafe conditions, an unattended delivery requiring personal receipt, or another circumstance within your control, we will make reasonable efforts to contact you. A replacement delivery is not guaranteed, and an additional attempt may require a reasonable redelivery fee disclosed to you before the attempt.

8.4 Service-Area Changes

Our delivery area may expand or change. If we can no longer deliver to your address, we may cancel an affected order or Auto-Delivery enrollment. Any payment collected for an order we cannot fulfill will be refunded.

9. Product Information and Food Safety

9.1 Product Variations

Our arepas are produced in batches. Slight variations in size, shape, color, toasted appearance, and texture are normal characteristics and do not constitute a defect.

9.2 Gluten-Free Preparation

Zavor arepas are made with naturally gluten-free ingredients and are currently produced in a dedicated gluten-free facility where wheat, barley, and rye ingredients are not processed.

Customers managing celiac disease, gluten sensitivities, food allergies, or other medical dietary needs should review the complete ingredient and allergen information provided with the product and contact us at [email protected] with questions before ordering.

9.3 Storage Instructions

Zavor arepas are delivered frozen and should be placed in the freezer promptly. Follow the storage instructions and best-by information printed on the product package.

Once thawed, keep the arepas refrigerated in a sealed container and consume them within the refrigerated-use period stated on the package. Do not refreeze the product after thawing. Zavor & Co. is not responsible for spoilage or loss of quality resulting from improper handling or storage after delivery.

9.4 Ingredients and Allergens

Zavor arepas are made with pre-cooked corn flour, water, mozzarella cheese, butter, and salt. They contain milk from mozzarella cheese and butter.

Ingredients, suppliers, and product information may change. Always review the ingredient and allergen statement on the package before consuming the product, particularly if you or a household member has a food allergy or medical dietary restriction.

10. Customer Portal and Account Access

Your customer portal may provide access to Auto-Delivery management, billing history, payment details, and order information. You are responsible for maintaining the confidentiality of your account access and for activity conducted through your account.

Portal-access links are personal and should not be shared. Notify us promptly at [email protected] if you believe your account or portal access has been compromised.

11. SMS and Text-Message Communications

If you expressly consent to receive SMS or text messages from Zavor & Co., we may send messages within the scope of that consent. Transactional messages may include order confirmations, delivery notifications, billing updates, Auto-Delivery information, account notices, and service communications. Marketing messages will be sent only when the required marketing consent has been obtained.

Consent to receive marketing text messages is not a condition of purchase. Message frequency varies. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.

You may revoke SMS consent at any time by replying STOP. For help, reply HELP or contact [email protected]. Opting out of text messages does not cancel an order or Auto-Delivery enrollment. Use the cancellation methods in Section 6.4 to cancel Auto-Delivery.

12. Email Communications

By creating an account, placing an order, or enrolling in Auto-Delivery, you agree that we may send transactional or relationship emails necessary to administer your account, payment, order, Auto-Delivery enrollment, delivery, or customer-service request.

We may send promotional or newsletter emails in accordance with your preferences and applicable law. Marketing emails will include an unsubscribe method. You may opt out of marketing emails without affecting transactional communications related to an account, order, or Auto-Delivery enrollment.

13. Intellectual Property

All content on the Site—including text, graphics, logos, images, recipes, product descriptions, and overall design—is owned by Zavor & Co. or its licensors and is protected by applicable copyright, trademark, and other intellectual-property laws.

You may not reproduce, distribute, modify, publish, commercially exploit, or create derivative works from Site content without our express written permission, except where otherwise permitted by law.

14. Prohibited Conduct

By using our Site and services, you agree not to:

• Use the Site for an unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to our systems, accounts, or networks.
• Use automated tools to scrape, crawl, or harvest Site content without authorization.
• Interfere with or disrupt the integrity or performance of the Site or services.
• Submit false, inaccurate, fraudulent, or misleading information.
• Impersonate another person or entity.
• Resell or redistribute our products without written authorization.

15. Disclaimer of Warranties

16. Limitation of Liability

To the fullest extent permitted by applicable law, our total liability to you for claims arising from or related to these Terms, the Site, products, or services shall not exceed the total amount you paid to Zavor & Co. during the three months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain warranty exclusions or limitations of liability. In those jurisdictions, the limitations above apply only to the fullest extent permitted by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless Komel Inc., doing business as Zavor & Co., and its affiliates, officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from your misuse of the Site or services, your violation of these Terms, or your violation of another party’s rights.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law provisions. Subject to Section 19, you agree to the jurisdiction of the state and federal courts located in Lehigh County, Pennsylvania for disputes arising from these Terms.

19. Dispute Resolution

Before initiating a formal proceeding, we encourage you to contact us at [email protected]. The parties will make reasonable efforts to resolve the dispute informally for at least 30 days after written notice is received.

If a dispute cannot be resolved informally, either party may pursue resolution through binding arbitration administered under the American Arbitration Association’s applicable Consumer Arbitration Rules. Unless otherwise required by law or agreed by the parties, arbitration will take place in Lehigh County, Pennsylvania.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZAVOR & CO. AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies or terms expressly incorporated by reference, constitute the entire agreement between you and Komel Inc., doing business as Zavor & Co., concerning your use of the Site, products, and services. They supersede prior or contemporaneous communications and agreements concerning the same subject matter.

22. Changes to These Terms

We may modify these Terms. When required, we will provide notice of material changes by posting a notice on the Site, sending an email to the address associated with your account, or using another reasonable method.

Unless a different period is required by law, material changes will take effect at least 14 days after notice is provided. Changes to an active Auto-Delivery price are governed by the notice provision in Section 4.3. Nothing in this section authorizes us to apply a material change retroactively where prohibited by law.

23. Contact Us