Welcome to Butterfield Market (“Butterfield Market”)! These Terms & Conditions (“Terms”) govern your use of our website (the “Site”) and services, including participation in our SMS notification program. By accessing the Site or subscribing to SMS messages, you agree to these Terms. If you do not agree, please discontinue use immediately.

Please read these Terms carefully before using the Site. Your use of the Site in any manner constitutes acceptance of these Terms. These Terms remain in effect unless and until terminated by Butterfield Market. If you do not agree with any part of these Terms, you must not use the Site. By using our website, you certify that you are 18 years of age or older. If you are between 13 and 17 years old, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Butterfield Market reserves the right to modify, amend, alter, or update these Terms at any time without prior notice. Your continued use of the Site after any changes constitutes acceptance of the revised Terms. We encourage you to review this page periodically for the latest updates.

Certain products, services, or other Butterfield Market websites may be subject to additional terms and policies (e.g., Cooking School, Gift Cards, Pharmacy, or Floral Delivery). In the event of a conflict between these Terms and any specific terms, the more specific terms will apply.

Tampering with the Site, misrepresenting your identity, or engaging in fraudulent activities is strictly prohibited.

SMS & Email Communications

By subscribing to our SMS notification program or providing your email, you consent to receive messages related to promotions, order updates, and other Butterfield Market services.

  • Opt-Out: You can unsubscribe from SMS notifications at any time by replying STOP to any message. You can unsubscribe from email notifications at any time by clicking unsubscribe in the email.
  • Message frequency may vary.
  • Message and data rates may apply based on your mobile plan. We are not responsible for delayed or undelivered messages.
  • Help & Support: For assistance, reply HELP or visit our website at www.butterfieldmarket.com or contact us at service@butterfieldmarket.com.
  • Visit https://www.butterfieldmarket.com/privacy-policy for privacy policy and https://www.butterfieldmarket.com/terms-of-use for Terms of Service

Consent to Email Communication

When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.

Privacy Notice

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data.

Copyrights and Trademarks

Unless otherwise noted, all content on this Site constitutes copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Butterfield Market or by third parties who have licensed their materials to Butterfield Market and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Butterfield Market and is also protected by U.S. and international copyright laws.

The Butterfield Market name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Butterfield Market. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Butterfield Market will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from www.butterfieldmarket.com on this Site and other than generally available third party web browsers (e.g., Chrome or Microsoft Explorer).

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Butterfield Market does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Butterfield Market reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Monitoring

Butterfield Market reserves the right, but not the obligation, to monitor areas of our Site electronically. Butterfield Market further reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Site or to protect Butterfield Market’s rights or property, or the rights of the other website users, or our partners, affiliates, sponsors, providers, licensors, or merchants.

Products and Services

Products and promotions posted on this Site, or those sent to customers by personalized e-mail, are good only for the dates indicated. Offers, promotions, and sweepstakes offered through the Site may not be available in the Butterfield Market store. Likewise, offers, promotions, and sweepstakes offered in the Butterfield Market store may not be available through the Site. Certain services and/or programs may not be available at all locations. Butterfield Market attempts to be as accurate as possible in describing products and services. However, Butterfield Market does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error free.

Payments & Transactions

All payments must be made using the approved payment methods listed on our website. By completing a transaction, you authorize Butterfield Market to charge the provided payment method for the total amount, including applicable taxes and fees. Unauthorized payment methods or fraudulent transactions may result in order cancellation and legal action.

Errors on Our Website

Butterfield Market makes reasonable efforts to ensure that the information on this Site is accurate, current, and complete. However, there may be instances when information about a Butterfield Market product contains inaccurate or incomplete information, such as information about the product pricing or availability. Butterfield Market does not warrant or guarantee that the information in this Site is error-free, complete, or current. Butterfield Market reserves the right to correct errors and/or to update the content or information on this Site at any time without notice.

Personal Information

Any information you disclose to us (through an online form, email response, etc.) becomes the sole property of Butterfield Market. For questions about how we use this information, please review our Privacy Policy.

Submissions, Comments, Feedback

Butterfield Market welcomes and encourages your comments, critiques, and suggestions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Butterfield Market or postings on this site are non-confidential (subject to our privacy policy) and that you remain solely responsible and liable for your submissions. All submissions sent to the Site shall be and remain the exclusive property of Butterfield Market. Your submissions and comments shall constitute an assignment to Butterfield Market of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the submissions and comments. Further, Butterfield Market shall be free to use, with no compensation to you, any ideas, concepts, know-how, techniques or methodologies contained in such comments or feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such feedback and comments. You are solely responsible for the content of any messages and/or images you submit and agree to not submit materials that are unlawful, defamatory, abusive, or obscene. Butterfield Market assumes no liability for any content submitted by you.

Disclaimer and Limit of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, BUTTERFIELD MARKET IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY BUTTERFIELD MARKET STORE OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT BUTTERFIELD MARKET SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF BUTTERFIELD MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF BUTTERFIELD MARKET (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify and hold Butterfield Market harmless from any and all claims, proceedings, damages, injuries, liabilities losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, services or content.

Applicable Law, Disputes

You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Butterfield Market. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of New York County, New York and you consent to the exclusive personal jurisdiction of such courts.

Changes to These Terms

We reserve the right to update these Terms at any time. Continued use of our website or SMS services constitutes acceptance of any changes.

Contact Us

Simply send us an email at service@butterfieldmarket.com.

Effective March 2021