Effective Date: 02/04/2026

These Terms of Service (“Terms”) govern your access to and use of our website, landing pages, menus, online ordering links, and related services (collectively, the “Site”) provided by Emma’s Kitchen – Martiñon LLC (“Company,” “we,” “us,” or “our”). By accessing or using the Site, submitting your information, contacting us, or placing an order, you agree to these Terms.

1. Use of the Site

You agree to use the Site for lawful purposes only and not to:

- Violate any applicable laws or regulations

- Attempt to gain unauthorized access to any systems

- Interfere with the Site’s security or performance

- Submit false, misleading, or inaccurate information

We may suspend or restrict access if we believe misuse has occurred.

2. Orders, Menu Information & Availability

- Menu items, ingredients, pricing, portions, availability, and preparation times may change at any time without notice.

- Photos are for illustrative purposes and may not exactly match the final product.

- We may limit quantities, decline orders, or refuse service where permitted by law.

- We may make reasonable substitutions (e.g., sides, salsas, garnishes) due to availability.

3. Payments

We may accept payments through one or more methods including cash, card, Zelle, and third-party delivery platforms. Payment may be required before fulfillment depending on the order type.

You are responsible for any applicable taxes, tips, delivery fees, and platform/service fees where applicable.

4. Pickup, Delivery & Third-Party Platforms

- Pickup/delivery details (timing, location, fees) will be confirmed at checkout or during order confirmation.

- If you order through a third-party platform (e.g., delivery marketplace apps), their separate terms, fees, and policies may apply.

- We are not responsible for delays, service interruptions, or issues caused by third-party platforms, carriers, or providers.

5. Cancellations, Refunds & Chargebacks

Because food is perishable and made-to-order:

- All sales are generally final once preparation begins.

- If there is an issue with your order (wrong item, missing item, quality concern), contact us promptly so we can review and, where appropriate, offer a reasonable resolution (e.g., replacement, store credit, partial refund).

- Unauthorized chargebacks may result in refusal of future service and may be disputed with supporting documentation.

6. Food Allergies, Dietary Needs & Food Safety

- Our kitchen may handle common allergens (including but not limited to dairy, eggs, wheat/gluten, peanuts, tree nuts, soy, fish, and shellfish). Cross-contact may occur.

- You are responsible for informing us of allergies or dietary restrictions BEFORE placing your order.

- We do not guarantee that any item is allergen-free, gluten-free, or suitable for any specific dietary or medical condition.

- Food safety after handoff: Once your order is delivered or picked up, proper storage, reheating, and handling are your responsibility.

7. Marketing Communications, SMS/Text Messaging & Messaging Apps

By submitting your phone number and/or opting in on the Site, you may receive communications related to:

- Your inquiry or order

- Menu updates, business announcements, and promotions (only if you opted in where required)

If you opt in to receive SMS/text messages:

- Message frequency varies. Msg & data rates may apply.

- Reply STOP to opt out. Reply HELP for help.

- Carriers are not liable for delayed or undelivered messages.

- Consent is not a condition of purchase.

If you contact us via WhatsApp, you understand that communications occur over that provider’s platform and are subject to their terms and privacy practices.

8. Intellectual Property

All Site content (text, images, graphics, logos, menus, and branding) is owned by or licensed to the Company and protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without written permission.

9. Third-Party Links

The Site may include links to third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices.

10. Disclaimer of Warranties

The Site and services are provided “as is” and “as available.” We make no warranties of any kind, express or implied, regarding accuracy, reliability, availability, or fitness for a particular purpose.

11. Limitation of Liability

To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Site, communications, or orders. Our total liability for any claim will not exceed the amount you paid us for the order giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless the Company from claims, damages, liabilities, and expenses arising from your misuse of the Site, violation of these Terms, or violation of any law or third-party rights.

13. Changes to These Terms

We may update these Terms at any time by posting a revised version with a new “Effective Date.” Your continued use after changes indicates acceptance.

14. Governing Law

These Terms are governed by the laws of the State of North Carolina. Venue for disputes will be in the appropriate courts located in North Carolina, unless otherwise required by law.

15. Contact

Emma’s Kitchen – Martiñon LLC

Email: [email protected]
Phone/WhatsApp: +1 (910) 585-1743

Address: 3478 US Hwy 1, Vass, NC

Business Hours (as posted): Monday 10am–3pm; Tue–Thu 10am–3pm / 4pm–6pm; Fri 10am–3pm / 4pm–7pm; Sat 10am–5pm; Sun Closed