Terms of Service

Effective Date: March 25, 2026

NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 25). IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED BELOW.

Welcome to Yancey's Fancy, Inc. ("Yancey's," "us," "we," or "our"). These Terms of Service ("Agreement") govern your access to and use of our website (the "Site"), and any products or services provided by or through the Site. By visiting, browsing, purchasing products, or otherwise interacting with our Site, you agree to comply with and be bound by these Terms of Service. Please read this Agreement carefully. If you do not agree to these terms, you should not use this Site.

1. Acceptance of Agreement

This Agreement constitutes the entire and only agreement between you and Yancey's Fancy, Inc. with respect to the Site, its content, products, and services, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings. We may amend this Agreement at any time by posting the revised terms on the Site without specific notice to you. The latest Agreement will be posted on the Site, and you should review it prior to using the Site or making a purchase. Your continued access or use of the Site after any changes to these Conditions will constitute your acceptance of the revised terms.

2. Definitions

  • "Site": Refers to the Yancey's Fancy website and its subsidiaries and affiliates, including any other websites that expressly incorporate these Terms of Service.
  • "You" / "Your": Refers to the user or viewer of our Site.
  • "User-Generated Content": Any comment, message, feedback, review, question, idea, suggestion, data, information, text, music, sound, photos, graphics, or other content you submit to or through the Site.

3. Pricing and Product Availability

  • Pricing: All prices at checkout are in US dollars and are final. We do not negotiate prices. While we strive for accuracy, we reserve the right to cancel any sales where an inaccurate or erroneous price is displayed. If an order is canceled after checkout due to a pricing error, we will refund the amount paid in the same manner as the original payment. Prices are subject to change without notice. The refund price represents your sole and exclusive remedy for canceled sales due to pricing errors.
  • Product Availability: All products displayed are typically in stock, unless noted otherwise. However, in the event of an inventory error where an item is unavailable, Yancey's reserves the right to cancel an order or offer a substitute item of like appearance and value.
  • Comparison Purchasing: To maintain competitive pricing, Yancey's does not permit comparison purchasing (buying multiple items with the intent to keep one and return the rest). Such practices may incur restocking and inventory overhead.

4. Product Origin and Ingredients

All representations regarding food product origin, ingredients, and nutritional information are provided to the best of Yancey's knowledge and without guarantee or warranty of any kind. While reasonable commercial efforts are made to ensure the accuracy of origin information, there can be no guarantee or warranty of such information.

5. Photography and Product Representation

Items may appear larger or smaller than actual size due to photography methods or screen defaults. Images may also appear larger to show detail or smaller to show an entire item. It is your responsibility to review the listed weight and quantity of each product and not rely solely on photographs when making a purchase. Color and appearance may vary slightly when viewing product photography due to variations in computer monitor settings. In compliance with industry standards, product weight may vary slightly from the stated weight.

6. Satisfaction Guarantee for Perishable Goods; Refund and Return Policy

We want you to be completely satisfied with your purchase. However, due to the perishable nature of food products, our policy is as follows:

  • Perishable Nature of Products: All sales of food products, including cheeses and related perishable goods, are considered final and cannot be returned or exchanged. You are responsible for ensuring that a recipient is available to receive the package at the time of delivery to prevent spoilage..
  • Safe Delivery Guarantee: While we do not accept returns of perishable products, Yancey's warrants that your order will arrive in a wholesome, consumable condition. If your product arrives damaged or spoiled due to shipping delays or improper packaging, you must notify us at help@yanceysfancy.com within twenty-four (24) hours of the delivery timestamp provided by the carrier.
  • Required Documentation: To process a claim for damaged or spoiled goods, you must provide:
  • Your order number;
  • A brief description of the issue; and
  • Photographic evidence of the product and the shipping container.
  • Resolution: Yancey’s retains sole discretion to determine if a product is unfit for consumption. If a claim is approved, our sole liability—and your exclusive remedy—is a one-time replacement of the affected product or a refund of the purchase price to the original payment method. This guarantee does not cover products that spoil due to being left unattended after delivery or stored improperly after receipt.
  • Shipping: A complimentary, pre-paid FedEx shipping label will be provided for all eligible non-food returns within the domestic U.S. Customers outside of this area are responsible for their own return shipping costs. You must use the pre-paid label provided by Yancey's and include all original packaging.

7. Product Satisfaction Guarantee for Non-Perishable Goods

Yancey's offers a limited satisfaction guarantee for sixty (60) days from the date of purchase, protecting you against manufacturing defects in non-perishable goods. If a defect is found, we will replace the item at no cost to you.

  • What's Not Covered: General wear and tear, such as scratches or dents from regular use. Damage from misuse, including exposure to harsh chemicals, significant physical impact, or improper storage of food products. Loss or theft of the item.
  • Non-Returnable Items: Please be aware that the following items are considered final sale and cannot be returned or exchanged: all food products; custom or personalized items; items damaged due to misuse, normal wear and tear, or improper storage; and lost or stolen items.
  • Return Process: To begin, email help@yanceysfancy.com with your order number (if you have it), approximate date of purchase, and email address. If the item was a gift, please provide the original purchaser's name. Our team will email you a Return Authorization (RA) number and a pre-paid FedEx shipping label. You must use this pre-paid label. Once we receive the item, our team will inspect it to determine if the issue is manufacturing-related. This process can take up to seven business days. Yancey's Fancy retains sole discretion in determining if a defect is manufacturing-related.

8. Gift Certificates

  • Purchase & Delivery: You may purchase Yancey’s Gift Certificates up to a maximum value of $1,000.00 per person, per day. All certificates are issued electronically and delivered via email; Yancey’s does not provide physical gift certificates by mail.
  • Redemption & Unused Balances: Gift Certificates are valid only for purchases made directly throughYancey’s Fancy. If a purchase does not exhaust the full value of the certificate, the remaining balance will be issued as a Store Credit to the customer’s account for future use.
  • No Fees or Expiration: Yancey’s Gift Certificates and any resulting Store Credits do not expire, and no dormancy, inactivity, or service fees will be charged.
  • Returns & Cash Redemptions: Gift Certificates are non-returnable and cannot be redeemed for cash, except where required by applicable law. In jurisdictions where cash redemption for small remaining balances is mandated by statute, Yancey’s will comply with the specific thresholds required by that law.
  • Security & Fraud: Please protect your Gift Certificate as you would cash. Yancey’s is not responsible for lost, stolen, or unauthorized use. For your protection, we may delay the delivery of electronic certificates for up to 24 hours to perform standard security and payment verification. 
  • Right to Void: Yancey’s reserves the right to refuse, cancel, or void any Gift Certificate or Store Credit if we suspect fraud, unlawful activity, or a violation of our daily purchase limits. A Gift Certificate is only valid if the original payment is successfully processed; if a payment is disputed or reversed by the issuing bank, the associated certificate and any remaining store credit will be invalidated immediately.

9. Shipping

A number of our items are made to order due to the manufacturing process. Please refer to the individual item for the production lead time for each individual product. In stock pieces will be shipped out within 3 business days. If your order is a rush, please contact us and we will let you know if your request can be accommodated. Please note the shipping method selected does not expedite your order's production time. Please note expedited shipping refers only to the transit time once an item has shipped, not the production time. Purchasing expedited shipping guarantees two-day delivery after the item has been dispatched. We ship within the US. Orders every Monday and Tuesday and typically arrive within 1–3 business days via UPS Ground or UPS 2nd Day Air.

Note: Orders placed after 4:00 PM EST on Tuesday will be fulfilled the following week to ensure the product arrives before the weekend.

10. Feedback and Submissions

All remarks, suggestions, ideas, graphics, or other information communicated by you to Yancey’s Fancy, Inc. regarding our business, products, or services (collectively, a "Submission") will forever be the property of Yancey’s. You agree that Yancey’s is entitled to exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and may use any Submission for any commercial or other purpose whatsoever—including but not limited to product development, manufacturing, and advertising—without compensation, notice, or attribution to you or any other person. We will not be required to treat any Submission as confidential, and Yancey’s will not be liable for any ideas (including, without limitation, product or advertising ideas) or incur any liability as a result of any similarities that may appear in our future products, services, or operations. You acknowledge that you remain solely responsible for whatever material you submit, and you, not Yancey’s, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Our use of any personally identifiable information provided within a Submission is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

11. Text Marketing / Mobile Terms of Service

The Yancey's mobile message service (the "Service"), operated by Yancey's Fancy, Inc., provides recurring SMS/text messages including service-related updates (order alerts, account updates) and promotional marketing (specials, cart reminders) via an automatic telephone dialing system. By consenting to the Service, you agree to these Mobile Terms and our Privacy Policy, regardless of your registration on any state or federal Do Not Call list. Participation is completely voluntary, and consent is not a condition of any purchase. While Yancey's does not charge for the Service, you are solely responsible for all message and data rates imposed by your wireless provider. You may opt-out at any time by texting STOP to +1-XXX-XXX-XXX or clicking the provided unsubscribe link; you will receive a one-time confirmation text, and no further messages will be sent unless initiated by you. For support, text HELP to +1-XXX-XXX-XXX or email privacy@yanceysfancy.com. Yancey's may modify or cancel the Service or these terms at any time, and your continued use constitutes acceptance of such changes. Supported wireless carriers are not liable for delayed or undelivered messages, and Yancey's is not liable for failed or misdirected delivery of information sent through the Service

12. Registration

Certain sections or offerings from the Site may require you to register and agree to comply with additional terms. If registration is requested, you agree to provide us with accurate, complete registration information using your real name and accurate details. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

13. Errors, Corrections, and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right to correct or remove any and all errors when they occur. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.

14. Unlawful Activity, Compliance with Law, and Fraud Protection

Yancey's may collect and disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law and regulation, government request, or legal process. In addition, we may collect and share personally identifiable information and any other information available to us in order to investigate, prevent, or take action regarding suspected fraud, illegal activities, and situations involving potential threats to physical safety, or as otherwise required by law. We may also exchange information, including personally identifiable information, with other organizations or law enforcement officials for credit fraud protection and risk reduction.

15. Property Abandonment

If a customer fails to pick up or accept delivery of purchased item(s) within 90 days of the initial notification that item(s) are ready for pick up or delivery, Yancey's Fancy, Inc. will consider the property abandoned and has the right to resell, dispose of, or use such products in any way it chooses.

16. Lost or Stolen Packages

In the rare event a package is lost or stolen while in transit from our offices to the shipping address, we must be notified in writing within 3 business days of the order status being changed to "complete." The customer agrees to fully cooperate with any and all investigations required to recover the lost/stolen package, including filing a police report with the appropriate department. Yancey's is not liable for any lost/stolen packages if notified more than 3 business days after the order status is changed to "complete."

17. Third-Party Content, Advertisements, and Promotions

Third-party content may appear on the Site or be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehoods, obscenity, pornography, or profanity in statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in third-party content represent solely the thoughts of the author and are neither endorsed by nor necessarily reflect our belief. 

Yancey's may run advertisements and promotions from third parties on our website. These are conducted under the direction of the third party, and Yancey's is not responsible or liable for any loss, damage, or liability incurred by you as a result of dealings with the third-party provider or resulting from their presence on our website. Any business transactions, correspondence, or participation in promotions with advertisers other than Yancey's, and any associated terms, conditions, warranties, or representations, are solely between you and such third party.

18. Copyrights and Trademarks

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as expressly permitted herein, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some content on the site may be the copyrighted work of third parties. 

Yancey's, the Yancey's logos, and any other product or service name or slogan contained in our Site are trademarks of Yancey's Fancy, Inc. and/or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Yancey's Fancy, Inc. or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Yancey's" or any other name, trademark, or product or service name of Yancey's without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in our Site are the property of their respective owners.

19. Limited License; Permitted Uses and Restrictions

You are granted a personal, limited, non-sublicensable, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes, provided you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. 

Your license for access and use of the Site and any information, materials, or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except as expressly permitted), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (g) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

20. User-Generated Content and Interactive Areas

By posting, distributing, sending, displaying, or otherwise submitting any User-Generated Content to or through the Site, including but not limited to photos, reviews, or comments—to or through the Site or its interactive areas, you: (A) Grant, and represent and warrant that you have the right to grant, to Yancey's a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, fully paid, and sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User-Generated Content throughout the world for any purpose including, without limitation, use in any promotion, advertising, or media, whether now known or hereafter devised; (B) Grant Yancey's and its affiliates, transferees, and sublicensees the right to use the name that you submit in connection with such User-Generated Content in all media in which the User-Generated Content can be used in accordance with these Terms and Conditions; (C) Represent and warrant that (i) you solely own and control all of the rights to the User-Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User-Generated Content to or through the Site upon the terms described herein; (ii) such User-Generated Content is accurate and not misleading; and (iii) the submission, use, and posting or other transmission of such User-Generated Content does not violate these Terms and Conditions and will not violate any rights of, or cause injury to, any person or entity, including, but not limited to, any third-party right of copyright, trademark, service mark, privacy, publicity, or other intellectual property or personal or proprietary right; and (D) Agree that Yancey's is under no obligation to offer you any payment for the use of the User-Generated Content or to attribute authorship of User-Generated Content to you. You further grant Yancey's the right to pursue at law any person or entity that violates your or Yancey's rights in the User-Generated Content by a breach of these Terms and Conditions. 

User-Generated Content you submit to or through the Site is deemed non-confidential and non-proprietary information, and Yancey's is under no obligation to treat such User-Generated Content as your confidential or proprietary information. Without limiting the foregoing, Yancey's reserves the right to use the User-Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User-Generated Content, by submitting User-Generated Content, you agree that (A) you do not require that any personally identifying information be used in connection with the User-Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion, or exploitation of the User-Generated Content by Yancey's or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User-Generated Content; and (D) you release Yancey's from any claims that you could otherwise assert against Yancey's by virtue of any moral rights. Further, you hereby release Yancey's and its affiliates, successors, and assigns and waive any claims, demands, damages, losses, liabilities, and causes of action against Yancey's or its affiliates, successors, or assigns for defamation, libel, invasion of privacy, publicity, personality, or exploitation of your name. 

The Site may contain forums, such as blogs, bulletin boards, or other interactive areas ("Interactive Areas"). To the extent Yancey's provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. When using any of the Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish any of the following: 

Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual's privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable; 

Material that promotes illegal drug use, tobacco, or firearms use; 

Material that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national, or international law; 

Material that may infringe any patent, trademark, service mark, trade secret, copyright, or other intellectual or proprietary right of any party; 

Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation or association with or endorsement by a person or entity; 

Unsolicited advertising or links to other commercial sites; 

Names, addresses, telephone numbers, email addresses, Social Security numbers, credit card numbers, or other personally identifiable information of you or someone else; 

Viruses, corrupted data, or other harmful, disruptive, or destructive files; 

Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted; 

Material that communicates messages inconsistent with the positive goodwill of Yancey's; or 

Material that, in the sole judgment of Yancey's, is objectionable or potentially exposes Yancey's or its users to any harm or disparagement. 

Yancey's takes no responsibility and assumes no liability for any User-Generated Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Yancey's liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of the Interactive Areas, Yancey's is not liable for any statements, representations, or User-Generated Content provided by its users on the Site. Although Yancey's has no obligation to screen, edit, or monitor any of the User-Generated Content posted to or distributed through the Site (including any Interactive Area) or to respond to any comment posted on the Site, Yancey's reserves the right, and has sole discretion, to remove without notice any User-Generated Content posted or stored on the Site.

21. Indemnification

You agree to indemnify, defend, and hold harmless Yancey's Fancy, Inc. and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

22. Disclaimer of Warranties

THE SITE, THE CONTENT CONTAINED THEREIN, AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE, OUR AFFILIATED PARTIES, AND THIRD-PARTY VENDORS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

23. Limitation of Liability

In no event shall Yancey's Fancy, Inc., its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Yancey's products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive, and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the Yancey's Site, or that results from the reliance by user on any information obtained from Yancey's, including any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Yancey's Site, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Yancey's programs or services, even if Yancey's is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Yancey's, its directors, members, employees, affiliates or agents. In no event shall Yancey's liability be greater than the price you paid for the product or service that is the basis for the claim. 

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

24. Termination

Yancey's Fancy reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of the Site. This may include preventing your ability to make purchases on our site or refusing to fulfill an order of our products made by you. In the event that we do not fulfill an order, a refund will be issued to you in the same form that payment was submitted.

25. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution. Before filing a claim, you and Yancey’s agree to try to resolve any Dispute informally. You must send a written "Notice of Dispute" to legal@yanceysfancy.com including your name, order number (if applicable), and a detailed description of the issue. We will have sixty (60) days from the receipt of a complete Notice to resolve the matter. Any applicable statute of limitations shall be tolled during this 60-day period.

Agreement to Arbitrate. If the Dispute is not resolved within sixty (60) days, it shall be settled exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement.

Exceptions. Notwithstanding the Agreement to Arbitrate paragraph above, either party may: (i) help resolve individual claims in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Class Action and Jury Trial Waiver. YOU AND YANCEY’S 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims. You and Yancey’s Fancy knowingly and irrevocably waive the right to a trial by jury.

Mass Filing Protocol. If thirty (30) or more similar Disputes are filed against Yancey’s by the same or coordinated counsel ("Mass Filing"), the Parties agree to a "Bellwether" process:

  • Ten (10) demands shall proceed to individual arbitration.

  • The remaining demands shall be stayed, and no arbitration fees shall be assessed or due to the AAA by Yancey’s for those stayed cases until the Bellwether cases are resolved.

  • Following the Bellwether cases, the parties shall engage in a global mediation to resolve the remaining claims.

Right to Opt-Out. You may opt out of this Arbitration Agreement within thirty (30) days of your first purchase or visit to the Site by emailing legal@yanceysfancy.com with your name and a clear statement of your intent to opt out. If you opt out, both you and Yancey’s may pursue disputes in court.

Severability. If any part of this Section 25 is found unenforceable, the remainder remains in effect; provided, however, that if the Class Action Waiver is found unenforceable, this entire Arbitration Agreement shall be null and void, and the dispute shall be decided exclusively by a court in Genesee County, New York.

26. Miscellaneous

This Agreement shall be treated as though it were executed and performed in the State of New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

27. Questions

If you have any questions regarding these Terms of Service, please do not hesitate to contact us at: Email: legal@yanceysfancy.com

Yancey's Fancy, Inc. Attn: Legal Dept. 8818 Brickhouse Road Corfu, NY 14036