US Launch Pre-Sale Terms

These Terms & Conditions ("Terms") govern your participation in the Browniegod US Launch pre-sale (the "Campaign"), operated by [BROWNIEGOD LEGAL ENTITY NAME], a company registered in [England and Wales] under company number [NUMBER], with registered office at [ADDRESS] ("Browniegod", "we", "us", "our"). By placing a pre-order and confirming acceptance at checkout, you enter into a binding agreement with us on these Terms. Please read them in full before paying. If you do not agree, do not place an order.

The Campaign is a pre-sale: you pre-purchase products and rewards that we will produce and deliver after our US launch, to help fund that launch. Production begins only after the Funding Target (section 4) is met. Product images are renders or representative samples, not photographs of final stock (section 7). Your order is not an investment, security, loan, or donation, and gives you no equity, interest, profit share, or financial return of any kind. Where a reward includes store credit (section 9.3), that credit is a promotional discount on future purchases. We are not a charity; words like "backing" or "founders" describe the Campaign and do not change the legal nature of your purchase.

3.1 You must be at least 18 years old to place an order.

3.2 Delivery of physical rewards is available only to delivery addresses in the following US states (the "Eligible States"): [New York, Massachusetts, Pennsylvania, AND ANY OTHER NORTHEASTERN STATES TO BE CONFIRMED]. The list of Eligible States in force at the time you order is shown at checkout. Orders with a delivery address outside the Eligible States may be cancelled and refunded in full.

3.3 You are responsible for providing an accurate, current delivery address and for keeping it up to date until your rewards are dispatched. You may update your delivery address by contacting [EMAIL] at any time before we notify you that dispatch preparation has begun. If your updated address is outside the Eligible States, or delivery to it is otherwise not reasonably possible, we will work with you to find a solution, which may include holding the order, delivering to an alternative eligible address you nominate, or, at our discretion, cancelling the affected order for a refund.

3.4 We are not responsible for non-delivery, delay, or spoilage caused by an incorrect or out-of-date address that you have not corrected in time.

4.1 The Campaign has a funding target of US $200,000 in total qualifying pre-orders (the "Funding Target"), to be reached within a 90-day window ending [FUNDING DEADLINE] (the "Funding Deadline").

4.2 If the Funding Target is met by the Funding Deadline (or by any earlier date on which we close the Campaign under section 4.4), we will proceed with the US launch and fulfil rewards in accordance with section 5.

4.3 If the Funding Target is not met by the Funding Deadline, all orders are cancelled and you will receive a full refund of all amounts paid, to your original payment method, within [14] days of the Funding Deadline. We will have no further obligation to you in that event, and you do not need to do anything to claim this refund.

4.4 We may close the Campaign early once the Funding Target is met. We may extend the Funding Deadline once, by up to [30] days; if we do, we will notify you, and you may cancel any order placed before the extension for a full refund at any time before the extended deadline.

4.5 If we do not proceed. If the Funding Target is met but we subsequently decide not to proceed with the US launch, or we have not begun fulfilment within [12] months of the Funding Deadline, you may cancel for a full refund, and we will in any event contact all customers with the option of a full refund of affected orders. This section does not limit section 6 (delays) or section 19 (events outside our control).

5.1 Subject to the Funding Target being met, our current plan is: an approximately six-month set-up and production period beginning after the Funding Deadline, followed by an approximately one-month fulfilment period. Our estimated delivery window is therefore approximately [seven] months after the Funding Deadline, i.e. around [ESTIMATED DELIVERY MONTH/YEAR] (the "Estimated Delivery Date").

5.2 The Estimated Delivery Date is a good-faith estimate based on the information available to us at the start of the Campaign, not a guaranteed date. As a new product launch in a new market, timelines may shift due to production, supply, ingredient sourcing, manufacturing, shipping or regulatory factors.

If we have reason to believe we cannot deliver by the Estimated Delivery Date (or any properly revised date), we will notify you promptly with a revised estimate. Where the delay is material, you may choose either to (a) consent to the revised date, or (b) cancel the affected order for a full refund of the amounts paid for it. If we do not receive your response within the period stated in our notice (which will be reasonable and never less than [14] days), we will treat your order as [consenting to the revised date / cancelled and refunded — counsel to confirm the default required by the FTC Rule for the delay length in question]. Nothing in this section limits any non-waivable statutory right (section 14).

All product visuals are renders or representative samples. Final products may differ in colour, finish, materials, dimensions, weight, packaging and presentation. Specific flavours, varieties and design elements are subject to availability; where an item becomes unavailable we may substitute an item of equal or greater value, or offer a refund of the affected item. We will not make changes that materially reduce the overall value or core nature of what you ordered without offering you the choice of the substitute or a refund.

Certain rewards are strictly limited: Founders Edition Tin (500), Golden Ticket (250), Name a Machine (10), and Name on the Kitchen Backer Wall (200). Limited rewards are allocated first-come, first-served on successful payment. Once a reward sells out we cannot fulfil further orders for it; if you are charged in error for a sold-out reward we will refund you or, with your agreement, provide an alternative.

9.1 Pre-order boxes (9-box, Slab and similar). Supplied in US-edition packaging with the flavour or token-message option you select, subject to sections 7 and 11.

9.2 Founders Edition Tin. Contents are as described in the Campaign listing and may vary in accordance with section 7. The branded metal tin, lore booklet and apron are exclusive to this Campaign and will not be sold separately; the certificate of authenticity is individually numbered. "Early access" means access approximately one week before general availability on our US store.

9.3 Golden Ticket / store credit. The Golden Ticket provides US $600 in store credit for the US $400 purchase price, usable on our US store after launch. Store credit: (a) is issued to your customer account; (b) does not expire [counsel to confirm — drafted as non-expiring to simplify multi-state compliance]; (c) carries no dormancy, service or other fees; (d) is not redeemable or exchangeable for cash except where required by law; and (e) is not a payment instrument, deposit or stored-value account for any other purpose. Membership-style benefits (early access, surprise gift, special offers) are provided at our reasonable discretion and may change. The Golden Ticket is a one-time purchase, not a subscription, and does not renew. The birthday brownie benefit requires a valid date of birth and a current eligible delivery address.

9.4 Virtual Coffee with the Founder. Approximately 30 minutes by video call, scheduled by mutual arrangement within [WINDOW]. We may reschedule for good reason; if we are ultimately unable to provide the session we will refund the amount paid for that reward.

9.5 Name a Machine. You may propose a name for an allocated machine, subject to section 10 and our approval. We may reject any proposed name and ask you to submit an alternative. Approved names are used to refer to that machine in our operations and may be featured on our website; this is not a guarantee of permanence (section 10).

9.6 Backer Thank-You Page and Kitchen Backer Wall. Your submitted name and/or image is displayed as recognition, subject to section 10.

9.7 Signed Note + Polaroid Postcard. Supplied as described; the image and message shown in the listing are illustrative.

For rewards involving submitted content (a name, message, or headshot), you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, display and adapt that content in connection with the Campaign, the reward, and our marketing and website. You confirm that you own or have the necessary rights to the content, that it does not infringe anyone's rights, and that it is not unlawful or objectionable. We may reject, edit, moderate or remove submitted content at our reasonable discretion, including after publication, and may do so without refund where the content breaches these Terms. We use reasonable efforts to keep featured content available but do not guarantee that any feature is permanent. You may request removal of personal content at any time by contacting [EMAIL].

Our products are food items that contain and/or may contain major food allergens, including [CONFIRM AGAINST FINAL RECIPES AND US LABELLING REQUIREMENTS, INCLUDING ALL APPLICABLE "MAJOR 9" ALLERGENS SUCH AS MILK, EGGS, WHEAT, SOY, TREE NUTS, PEANUTS AND SESAME], and are produced in a facility that handles allergens. Full ingredient and allergen information is made available before or at delivery and on packaging. If you have a food allergy or intolerance, it is your responsibility to review this information and confirm suitability before consuming. Products are perishable: please accept delivery promptly and follow the storage guidance provided. We are not responsible for spoilage or harm caused by failure to follow storage guidance, refusal or failure to accept delivery, or an incorrect address that you have not corrected in time (section 3.3).

12.1 During the Campaign window. Your order is final from the moment it is placed. Orders may not be cancelled during the 90-day Campaign window, and amounts paid are non-refundable during that window, except as expressly set out in these Terms (including sections 3.3, 4.4, 8 and 12.3) or as required by law.

12.2 After the Funding Target is met. Your order remains a confirmed, non-refundable pre-purchase, except as expressly set out in these Terms — including section 4.5 (launch does not proceed), section 6 (material delay), section 7 (substitutions), section 9.4 (reward cannot be provided), and section 19 (events outside our control) — or as required by law.

12.3 If the Funding Target is missed, section 4.3 applies and you receive a full automatic refund.

12.4 Statutory rights. Nothing in these Terms removes any statutory right that cannot be excluded by law. Cooling-off or distance-selling cancellation rights, where they apply at all, typically do not apply to perishable goods or to personalised or made-to-order items (such as token-message boxes, named machines, or rewards incorporating content you submit).

12.5 To request a cancellation or refund where these Terms allow it, contact [EMAIL] with your order number. Refunds are made to your original payment method.

All prices are shown and charged in US Dollars (USD). The full price is charged when you place your order. If your payment card is denominated in another currency, your card issuer sets the exchange rate and may apply fees; any difference arising from exchange-rate movement between payment and any refund is outside our control.

Your order is an offer to purchase on these Terms, which we accept when we send you an order confirmation. We may decline or cancel an order before fulfilment where there is an obvious pricing or listing error, suspected fraud, an ineligible delivery address, or a breach of these Terms; in each case any amounts paid for the cancelled order will be refunded. A genuine, obvious pricing error does not oblige us to supply at the erroneous price.

Prices [include / exclude] applicable sales and similar taxes, as indicated at checkout. Rewards are fulfilled from within the United States, and you will not be charged import duties or customs charges on delivery. You remain responsible for any taxes that are personal to you.

To run the Campaign and fulfil rewards we collect personal data such as your name, contact details, delivery address and, for certain rewards, your date of birth and any image you submit. We process personal data in accordance with our Privacy Policy at [LINK] and applicable data-protection law, including the UK GDPR and applicable US state privacy laws. You may exercise your data rights, including access and deletion, as described in the Privacy Policy.

We may substitute items of equal or greater value (section 7) and make reasonable changes that do not materially reduce the overall value of your order. We may update these Terms; if we make a material change before delivery, we will notify you, and where the change materially disadvantages you, you may cancel the affected order for a refund.

18.1 To the fullest extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profit, arising from the Campaign or your order.

18.2 To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with the Campaign and your order is limited to the total amount you paid us under the Campaign.

18.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of any non-excludable consumer guarantee, or for any other liability that cannot be excluded or limited by law.

We are not liable for any failure or delay caused by events outside our reasonable control, including supply-chain failures, manufacturing or shipping disruption, regulatory action, natural events or other force majeure. If such an event prevents fulfilment for a sustained period, we will contact you to discuss options, which may include a refund of affected items.

Your order and rewards are personal to you and may not be transferred, except where we expressly permit a transfer in writing. We may assign or transfer our rights and obligations under these Terms to an affiliate (including a US subsidiary established for the launch) or to a successor of our business, provided this does not reduce your rights under these Terms.

[DRAFTING NOTE — counsel to settle. Starting position:] These Terms and any dispute or claim arising out of them are governed by the laws of [ENGLAND AND WALES / US STATE AS ADVISED], subject to the [non-exclusive] jurisdiction of its courts. Nothing in this section deprives you of the protection of mandatory consumer-protection rules of the state or country where you live. [US counsel to advise on substituting or supplementing with an arbitration clause and class-action waiver appropriate to the Eligible States.]

If any provision of these Terms is found to be invalid or unenforceable, the remainder continues in full force. These Terms, together with your order confirmation and the documents referred to in them, are the entire agreement between us in relation to the Campaign. A failure or delay by either of us in exercising a right is not a waiver of it. Nothing in these Terms creates any partnership, agency or employment relationship.

Questions about the Campaign or these Terms: [EMAIL] / [US-FACING BUSINESS ADDRESS OR REGISTERED OFFICE].

By placing your order and confirming acceptance at checkout, you acknowledge that you have read and agree to these Terms, including: the conditional, refund-on-target-miss nature of the Campaign (section 4); the Estimated Delivery Date of approximately [seven] months after the Funding Deadline and the possibility of delay (sections 5–6); the renders disclaimer (section 7); and the no-cancellation position during the Campaign window (section 12.1).