Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of picnmixboston.com (the "Site") and any purchases made through the Site. The Site is operated by Pic & Mix, LLC ("Pic & Mix," "we," "us," or "our").

Contact Information

Pic & Mix, LLC
472 Commonwealth Ave, #3
Boston 02215
Phone: 617-894-8498
Email: info@picnmixboston.com

By accessing or using the Site, or by placing an order, you agree to these Terms. If you do not agree, do not use the Site.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to place an order. By placing an order, you represent that you are legally able to enter into a binding contract.

2. Changes to the Site or Terms

We may update the Site and these Terms from time to time. The Effective Date above indicates when these Terms were last updated. Your continued use of the Site after updates means you accept the updated Terms.

3. Products, Descriptions, and Availability

We offer an assortment of sweets (including pick-and-mix style offerings and prepackaged items) and certain non-food items such as cameras and film.

i.      Product descriptions: We try to describe products accurately (including ingredients and allergen statements when provided by manufacturers), but we do not warrant that descriptions, images, or other content are complete, current, or error-free.

ii.     Availability: Products may be limited, seasonal, or available while supplies last. We may limit quantities per customer and may discontinue products at any time.

4. Food, Dietary, and Allergen Notice (IMPORTANT)

Food products may be manufactured, packed, stored, or handled in facilities that process common allergens. Individual product pages may list ingredients and "may contain" statements from manufacturers.

You are responsible for reviewing ingredient and allergen information and for determining whether a product is safe for your dietary needs.

i.      No medical advice: Information on the Site is for general informational purposes only and is not medical advice.

ii.     Cross-contact risk: Even if items are marketed as "gluten friendly," "nut free," "dairy free," or "vegan," cross-contact can occur in manufacturing or handling. Do not rely on the Site as a guarantee of suitability for allergies or medical conditions.

iii.   If you have severe allergies, contact us before ordering.

5. Pricing, Taxes, and Promotions

i.      Pricing: Prices are shown in U.S. dollars unless otherwise stated. Prices may change at any time without notice.

ii.     Taxes: Sales tax may be added where required.

iii.   Promotions/discount codes: Promo codes have no cash value, may be limited to one per order, may have exclusions, and may be modified or canceled at any time.

6. Orders, Payment, and Order Acceptance

i.      Order placement: When you place an order, you are making an offer to buy. We may accept or decline your order for any reason, including suspected fraud, inventory issues, or pricing errors.

ii.     Payment: Payments are processed via third-party payment processors. We do not store full payment card details.

iii.   Pricing/description errors: If an item is listed incorrectly (price, description, availability), we may cancel the order and issue a refund.

Third-Party Platform Orders. We may make our products available for purchase through third-party platforms and marketplaces (e.g., DoorDash, Uber Eats, Grubhub) (each, a “Platform”). If you place an order through a Platform, your order is made through that Platform and is subject to the Platform’s terms, conditions, fees, refund policies, and privacy practices in addition to any applicable portions of these Terms.

Pricing, Fees, and Promotions. Prices, menu items, delivery fees, service fees, and promotions may differ between the Site, in-store, and Platforms. Platform pricing and promotions are determined by the Platform and/or may include Platform fees. We are not responsible for discrepancies between Platform pricing and our in-store or Site pricing.

Order Issues, Refunds, and Chargebacks. For Platform orders, requests for refunds, credits, order modifications, or cancellations generally must be handled through the Platform, in accordance with the Platform’s policies. To the extent permitted by law, we do not control and are not responsible for Platform refund decisions.

Delivery, Timing, and Risk of Loss. Delivery services for Platform orders are performed by the Platform or its drivers/couriers, not by us. Delivery times are estimates. Once a Platform courier accepts your order (or the order is marked “picked up”), risk of loss and responsibility for delivery (including delays, misdeliveries, missing deliveries, or temperature/quality impacts due to transit or waiting) shifts to you and/or the Platform, to the extent permitted by law.

Substitutions and Special Instructions. Platforms may allow special instructions; however, we do not guarantee we can accommodate all requests (including allergy-related or dietary requests). We may substitute items of equal or greater value if necessary (or omit an unavailable item), subject to Platform rules and applicable law.

Food Safety; Allergens. For Platform deliveries, you are responsible for promptly receiving your order. We are not responsible for changes in quality due to delivery delays, unattended delivery, or environmental conditions. All allergen/dietary and cross-contact disclosures in these Terms apply equally to Platform orders.

7. Shipping, Delivery, and Risk of Loss

Shipping terms are provided at checkout or on the Site. Processing times and carrier delivery times may vary.

i.      Processing times: Orders typically process within 1-2 business days (excluding weekends/holidays).

ii.     Rates: Shipping fees are calculated at checkout (or stated on the Site).

iii.   Risk of loss: Title and risk of loss pass to you upon our delivery to the carrier, to the extent permitted by law.

iv.    Delivery issues: We are not responsible for delays caused by carriers, weather, or events outside our control.

v.     Perishable/heat-sensitive items: Some sweets may be sensitive to heat. You are responsible for selecting appropriate shipping options and for promptly receiving deliveries. We are not responsible for melting/spoilage due to carrier delays, unattended packages, or weather exposure.

vi.    Return shipments: For returns and exchanges, risk of loss remains with you until the returned item is received by us.

8. Returns, Refunds, and Exchanges

Because we sell food items and consumables, returns are limited for safety and quality reasons.

Food items

i.      All sales final on food items unless the product arrives damaged, incorrect, or materially defective.

ii.     If there is an issue, contact us within 48 hours of delivery with photos and your order number.

Non-food items (cameras/film)

iii.   Returns and exchanges are accepted within 30 days of delivery for non-food items that are unused, uninstalled, and in original packaging (including all accessories, manuals, and inserts), unless marked Final Sale.

iv.    To start a return or exchange, contact us with your order number and the reason. We may require photos for verification.

v.     Return shipping: Customers are responsible for return shipping costs unless the item is defective, damaged in transit, or we sent the wrong item.

vi.    Condition/eligibility: We may refuse returns/exchanges or reduce the refund for items returned used, missing parts, or not in original condition.

vii.  Refund timing: Approved refunds are issued to the original payment method after we receive and inspect the returned item. Shipping charges (if any) are nonrefundable except where required by law.

viii. Exchanges: If an exchange is approved and the replacement item has a different price, you will be charged or refunded the difference, as applicable.

Consumables and excluded items

i.      Open consumables are not eligible for return or exchange. "Consumables" include, for example, film, batteries, chemicals, or any sealed item intended to be consumed or used up once opened.

ii.     Items marked Final Sale are not returnable or exchangeable.

iii.   Gift cards are nonrefundable except where required by law.

9. Store Pickup

If local pickup is offered, you must pick up within ten (10) of order confirmation. Unclaimed orders may be canceled and refunded minus any nonrefundable fees, as permitted by law.

10. Intellectual Property

All Site content - text, images, graphics, logos, designs, and trademarks - are owned by Pic & Mix, LLC or used with permission and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without written permission.

11. User Content (Reviews, Comments, Submissions)

If you submit reviews, comments, or other content ("User Content"), you grant Pic & Mix, LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that User Content in connection with our business (including marketing), subject to applicable law. You represent that you own or have rights to your User Content and that it does not violate others' rights.

12. Prohibited Uses

You agree not to:

i.      Misuse the Site, attempt unauthorized access, or interfere with Site security.

ii.     Use bots, scrapers, or automated tools without permission.

iii.   Submit false information, commit fraud, or violate any law.

iv.    Infringe our or others' intellectual property rights.

13. Third-Party Links and Services

The Site may link to third-party platforms (e.g., social media) or use third-party service providers. We are not responsible for third-party content, policies, or practices.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIC & MIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR YOUR PURCHASE/USE OF PRODUCTS.

IN NO EVENT WILL PIC & MIX, LLC’S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO PIC & MIX FOR THE ORDER GIVING RISE TO THE CLAIM (OR $100 IF NO PURCHASE WAS MADE), WHICHEVER IS GREATER, UNLESS APPLICABLE LAW REQUIRES OTHERWISE.

Some states do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Pic & Mix, LLC and its owners, employees, agents, and affiliates from claims, damages, liabilities, and expenses (including attorneys' fees) arising out of your misuse of the Site, violation of these Terms, or violation of any rights of another.

17. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws rules. Unless prohibited by law, you agree that any dispute will be brought in the state or federal courts located in Suffolk County, Massachusetts, and you consent to personal jurisdiction there.

18. Severability; No Waiver

If any part of these Terms is found unenforceable, the remaining parts remain in full force. Our failure to enforce any right is not a waiver.

19. Entire Agreement

These Terms (and any policies referenced at checkout or posted on the Site) constitute the entire agreement between you and Pic & Mix regarding the Site and purchases.