Evermoon Acres / El Huevon
Last Updated: March 10, 2025
1. Introduction and Acceptance of Terms
Welcome to the online store for Evermoon Acres and El Huevon (“we,” “us,” or “our”). This online store is operated by Evermoon Acres/El Huevon. By accessing and using our websites, elhuevon.com and evermoonacres.com (the “Website”), and purchasing products or services from Evermoon Acres / El Huevon, you agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your use of the Website and your purchase of products and services from us. If you do not agree with all of these Terms, you are expressly prohibited from using the Website and you must discontinue use immediately.
We reserve the right to modify these Terms at any time. We will endeavor to provide notice of updates at least one (1) day in advance by email to registered users, and will also post any changes on this page. It is your responsibility to review these Terms periodically for changes. The “Last Updated” date at the top of these Terms indicates when the latest revisions were made. Your continued use of the Website and services after any changes are posted constitutes your acceptance of those changes.
2. Products and Services Offered
We offer a variety of agricultural products and related services, including but not limited to: eggs, books, chicken manure for fertilizer, baby chicks, chicken meat, hen rentals with coops, merchandise featuring our rooster mascot, seeds, plants (potted, cuttings, seedlings), baked goods (cottage foods), crops (fruits and vegetables), built chicken coops, farm tours, workshops, and retreats, and volunteer opportunities.
We strive to provide accurate descriptions of all products and services. However, due to the nature of agricultural products and handmade items, there may be slight variations in size, color, appearance, yield, etc. All descriptions are for informational purposes only. Product and service availability is subject to change and may be limited, particularly for seasonal items or items in limited quantities.
3. Orders, Payment, and Pricing
Your order is an offer to purchase, and our order confirmation is an acknowledgement that we have received your order, but does not constitute acceptance of your order. We reserve the right to accept or reject your order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or if we suspect fraudulent activity.
Prices for products and services are as listed on our Website and are subject to change at any time without notice. While we strive for accuracy, pricing errors may occur. In the event of a pricing error, we reserve the right to cancel or refuse to fulfill orders at the incorrect price.
We accept online payments through Stripe. For on-farm pickup of eggs, we also accept cash, CashApp, and Venmo at the time of pickup. Cottage food items are only available for purchase on-farm with the same payment methods as eggs. Applicable sales tax will be added to all orders as required by Florida law.
4. Shipping, Delivery, and Pickup
We currently offer shipping within the United States of America. Due to regulations and perishability, we do not ship eggs, cottage food items, or meat. Shipping of plants may be restricted by federal and state regulations; please check product descriptions for specific shipping limitations. Seeds and non-perishable merchandise may be shipped nationwide within the USA where permitted.
Shipping processing times and estimated delivery times vary depending on the product and shipping destination. Please refer to the specific product details page for estimated shipping and delivery information. We are not responsible for delays caused by shipping carriers.
Farm address and pickup days and times for orders eligible for on-farm pickup will be provided in your order confirmation and within your account order details on the Website. Please adhere to the specified pickup instructions.
The risk of loss and title for all purchased items passes to you upon our delivery to the shipping carrier or upon your pickup of the items at our farm, whichever is applicable.
5. Returns, Refunds, and Cancellations
Due to the perishable nature of eggs, cottage food items, meat, crops, and plants, and the sensitive nature of live animals like baby chicks and hens, returns and refunds are handled on a case-by-case basis. Please refer to the specific product page for details regarding return and refund eligibility, if any. Exceptions may be considered only if there is a demonstrable issue with the product at the time of purchase or pickup (e.g., visibly broken eggs upon pickup, clear and significant damage to a plant at pickup). Any such issues must be reported to us immediately at the time of pickup or delivery.
For seeds and non-perishable merchandise (rooster mascot items, coops), returns may be considered on a case-by-case basis. Please refer to the specific product page for details. Items must be in original, undamaged condition and may be subject to a restocking fee. Please contact us to discuss a potential return.
Cancellation and refund policies for tours, workshops, and retreats are service-dependent and will be detailed on the specific service description page. Please refer to the service details page for cancellation and refund information. We reserve the right to cancel any tour, workshop, or retreat due to unforeseen circumstances. In such cases, a full refund will be issued according to the service-specific cancellation policy.
For baby chicks, hens, plants, and seeds, we comply with all applicable federal and state regulations regarding health and inspections at the time of sale. However, we cannot guarantee the future health, productivity, or germination of these items once they are in your care, as these factors are dependent on environmental conditions, customer care, and other factors beyond our control.
6. Disclaimers and Limitations of Liability
All eggs, cottage food items, meat, crops, plants, baby chicks, hens, and chicken coops are sold on an “as-is” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, except for any warranties that are expressly required by law and cannot be disclaimed.
Chicken coops are sold as product-only and without any warranties, express or implied, regarding workmanship, materials, durability, or suitability for any particular purpose. We do not offer installation services and are not responsible for any issues arising from assembly or use of the chicken coop after purchase.
We adhere to Florida Cottage Food laws and best practices for food handling and safety. However, once food items leave our control, we are not responsible for issues arising from improper handling, storage, preparation, or consumption by the customer. Customers are responsible for proper food handling and storage after purchase. Our baked goods may contain allergens commonly found in baked goods. Please be aware of potential allergens before consuming our products. Detailed allergen information, if applicable, will be provided on the product page.
Agritourism Activity Warning (Florida Law)
Florida law provides certain liability protections to agritourism operators. To ensure you are fully informed, we are providing you with the legally required warning as stated in Florida Statute 570.89:
WARNING
Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity.
By participating in any agritourism activity at Evermoon Acres / El Huevon, you acknowledge that you have read and understand this warning and are voluntarily assuming all inherent risks of agritourism activities, including but not limited to risks of injury inherent to land, uneven terrain, farm equipment, animals (including chickens and roosters with potential for pecking or scratching), plants, insects, weather conditions, farm tools, participation in farm tasks, and the potential for negligent acts by participants or other visitors.
Disclaimer Regarding User-Generated Content:
Our Website may contain user-generated content, such as reviews and comments, which are not created or endorsed by Evermoon Acres / El Huevon. We are not responsible for, and disclaim all liability for, any User Content posted, transmitted, or shared by users of our Website. The views expressed in User Content are those of the individual users and do not necessarily reflect our views or opinions. You understand that by using the Website, you may be exposed to User Content that is offensive, inaccurate, or objectionable. Your use of User Content is at your own risk.
To the maximum extent permitted by applicable law, in no event shall Evermoon Acres / El Huevon, its owners, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Website or purchase products/services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Website; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party; (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content, including User Content, posted, emailed, transmitted, or otherwise made available via the Website or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In any event, our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you for the specific product or service that gave rise to the claim.
7. User Conduct
You agree to use our Website and purchase products/services only for lawful purposes and in accordance with these Terms. You agree not to: (a) violate any applicable law or regulation; (b) infringe the rights of others; (c) engage in any fraudulent activity; (d) transmit any viruses or malicious code; (e) interfere with or disrupt the operation of the Website; (f) collect or harvest any personally identifiable information from the Website without authorization; or (g) engage in any conduct that is abusive, harassing, or harmful to others.
User-Generated Content:
Users may be permitted to submit reviews, comments, and other content (“User Content”) on the Website. By submitting User Content, you agree to comply with the following guidelines:
- You are solely responsible for your User Content.
- You agree that your User Content will not:
- Be unlawful, libelous, defamatory, harassing, threatening, abusive, discriminatory, hateful, or racially, ethnically, or otherwise offensive.
- Be obscene, pornographic, or violate any laws regarding child pornography or child endangerment.
- Infringe any intellectual property rights, privacy rights, or other rights of any third party.
- Contain any viruses, worms, malware, or other harmful code.
- Be false, misleading, or deceptive.
- Be used for any commercial solicitation or spam.
- Violate any applicable laws or regulations.
If you create an account on our Website, 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.
8. Content Moderation
We reserve the right, but not the obligation, to pre-screen, review, monitor, edit, refuse to post, or remove any User Content at our sole discretion, at any time and for any reason, without notice to you. We may do so to ensure compliance with these Terms, to address complaints, or for any other reason we deem appropriate. We do not endorse or guarantee the accuracy, completeness, or quality of any User Content, and we are not responsible for any User Content posted by users.
9. Intellectual Property
The content, design, graphics, logos, trademarks, and other materials on this Website, including the rooster mascot image, are owned by or licensed to Evermoon Acres / El Huevon and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.
User Content License:
By posting User Content on our Website, you retain ownership of your User Content. However, you grant to Evermoon Acres / El Huevon a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation of the Website and our business, in any media formats and through any media channels, without any obligation to you.
You represent and warrant that you have all necessary rights to grant us this license for all User Content you submit.
10. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms and Conditions or your use of our Website or purchase of products/services shall be exclusively brought in the state or federal courts located in Orange County, Florida, and you consent to the jurisdiction of such courts.
11. Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will try to provide notice at least one (1) day in advance by email to registered users, and will post any changes on this page. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website and services.
12. Miscellaneous/General Provisions
a. No Partnership or Agency: Nothing in these Terms and Conditions shall be construed to create any partnership, joint venture, agency, employment, or fiduciary relationship between you and Evermoon Acres / El Huevon. Evermoon Acres / El Huevon’s relationship with you is solely that of an independent contractor providing products and services for sale to you as a customer.
b. Severability: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect. To the extent possible, the invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that comes closest to expressing the intention of the original provision.
c. Third-Party Services and Websites:
(i) Third-Party Platforms: Our online store utilizes third-party platforms and services for its operation, including but not limited to WooCommerce for our online store platform, Printify for merchandise fulfillment, and Stripe for payment processing. Your use of these services is also subject to the terms and conditions and privacy policies of these third-party providers. We are not responsible for the performance, reliability, availability, or security of these third-party services, or for their actions or omissions.
(ii) Links to Third-Party Websites: Our Website may contain links to third-party websites that are not owned or controlled by Evermoon Acres / El Huevon. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Evermoon Acres / El Huevon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites.
(iii) No Endorsement: Links to third-party websites or services are provided for your convenience and do not constitute an endorsement by Evermoon Acres / El Huevon of such websites or services, or any information, products, or services offered on or through those websites.
(iv) Review Third-Party Terms: We encourage you to review the terms of service and privacy policies of all third-party websites and services that you visit or utilize.
d. Entire Agreement: These Terms and Conditions, together with our Privacy Policy [Link to your Privacy Policy once created], constitute the entire agreement between you and Evermoon Acres / El Huevon concerning your use of the Website and purchase of products and services, and supersede all prior and contemporaneous communications and proposals, whether oral or written, between us.
e. Assignment: You may not assign your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these Terms and Conditions at any time without notice to you.
f. Force Majeure: We shall not be liable for any failure to perform our obligations under these Terms and Conditions if such failure is caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
g. Headings: The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
13. Contact Information
Contact information for Evermoon Acres / El Huevon can be found on our Contact Page on the Website.