Terms of service
Wynston's," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of www.wynstons.com (the "Site") and any products, services, or content offered through the Site. By accessing or using the Site, or by placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. About Us
Wynston's Ice Cream Co. is operated by Wynn's Ice Cream Co., LLC, a California LLC, with retail locations at:
- 250 North City Drive, Suite 7, San Marcos, CA 92078
- 8250 Merge Ave, San Diego, CA 92129
Contact: (858) 923-1411 | info@wynstons.com
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to make purchases through the Site. By using the Site, you represent that you meet this requirement and that all information you provide is accurate and complete.
3. Accounts
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Products and Availability
We sell handcrafted ice cream and related food products, gift cards, and merchandise. Product availability, flavors, and pricing may change without notice. We reserve the right to limit quantities, refuse or cancel orders (including after an order has been placed), and discontinue any product at our discretion.
Photographs, descriptions, and color representations on the Site are for illustrative purposes. Actual products may vary slightly in appearance.
5. Orders and Payment
When you place an order, you are making an offer to purchase the listed products at the stated price. All orders are subject to acceptance by us. We accept the payment methods listed at checkout. By placing an order, you authorize us and our payment processor to charge your selected payment method for the total order amount, including taxes and applicable shipping fees.
If we cancel your order, we will refund any amount charged to the original payment method.
6. Pricing and Taxes
Prices are listed in U.S. dollars and are subject to change. Applicable sales tax is calculated based on the shipping or pickup location. While we work to keep pricing accurate, errors occasionally occur. If we identify a pricing error after you place an order, we will notify you and offer the option to confirm at the corrected price or cancel for a full refund.
7. Shipping and Delivery
We ship nationwide using insulated packaging with dry ice. Because ice cream is highly perishable, shipping logistics matter and certain conditions apply:
- Orders typically ship Monday through Thursday with overnight delivery.
- You are responsible for providing an accurate, deliverable shipping address and for ensuring that someone is available to receive and unpack the order promptly upon arrival.
- Risk of loss passes to you upon delivery to the carrier; however, we stand behind the quality of what we ship — see Section 9.
- We are not responsible for delays caused by carriers, weather events, incorrect addresses, or recipient unavailability.
If your order arrives melted, damaged, or otherwise compromised due to a shipping issue on our end, contact us within 48 hours of delivery with photos so we can make it right.
8. Pickup Orders
Pickup orders must be collected during posted store hours at the location selected at checkout. Orders not picked up within [7 days] of the scheduled pickup date may be forfeited without refund unless other arrangements have been made with us in advance.
9. Returns and Refunds
Because our products are perishable food items, we do not accept returns. If something is wrong with your order — whether quality, accuracy, or shipping condition — please contact us within 48 hours of delivery or pickup. We'll work to make it right, typically through a replacement or store credit.
10. Gift Cards
Gift cards (physical and electronic) issued by Wynston's Ice Cream Co. are subject to the following:
- Redeemable for products at our retail locations and, where applicable, online.
- Not redeemable for cash except as required by California law (cards with a remaining balance under $10 may be redeemed for cash upon request).
- Not refundable, transferable, or replaceable if lost, stolen, or destroyed, except as required by law.
- Not subject to expiration dates or service fees, in compliance with California Civil Code § 1749.5.
- Treat them like cash.
11. Allergens and Dietary Information
Our products are produced in a facility that handles milk, eggs, soy, wheat, tree nuts, peanuts, and other common allergens. While we take care to prevent cross-contact, we cannot guarantee that any product is free from any specific allergen.
Our Hold the Cow line is dairy-free, but is produced in the same facility as our dairy products.
If you have a food allergy or dietary restriction, please review ingredient information carefully and contact us with any questions before purchasing. Ingredient and nutritional information is provided in good faith and may be updated as recipes evolve.
12. User-Submitted Content
If you submit reviews, photos, videos, comments, tags, or other content to the Site or in connection with our brand on social media (collectively, "User Content"), you grant Wynston's Ice Cream Co. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute that content in connection with our business, including marketing and promotional materials.
You represent and warrant that you own or otherwise control all rights necessary to grant this license, that your User Content does not infringe any third party's rights, and that it complies with applicable law.
We reserve the right to remove any User Content at our discretion.
13. Intellectual Property
The Site and all of its content — including text, graphics, logos, photographs, illustrations, recipes, the Wynston's Ice Cream Co. name and logo, the Wynston character and likeness, flavor names, and all other materials — are owned by or licensed to Wynston's Ice Cream Co. and are protected by copyright, trademark, trade dress, and other intellectual property laws.
You may not copy, reproduce, distribute, modify, or create derivative works from our content without our prior written permission, except as expressly permitted by these Terms or applicable law.
14. Prohibited Uses
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Attempt to gain unauthorized access to any portion of the Site, its servers, or related systems.
- Interfere with or disrupt the Site's operation, security, or features.
- Use any automated means (bots, scrapers, crawlers, etc.) to access the Site without our prior written permission.
- Submit false, misleading, or fraudulent information.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Post or transmit content that is defamatory, harassing, threatening, obscene, hateful, or otherwise objectionable.
15. Third-Party Links and Services
The Site may contain links to third-party websites or services. We do not control and are not responsible for the content, practices, or policies of any third parties. Your interactions with third parties are governed by their terms and policies.
16. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WYNSTON'S ICE CREAM CO. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WYNSTON'S ICE CREAM CO. AND ITS OWNERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
18. Indemnification
You agree to indemnify, defend, and hold harmless Wynston's Ice Cream Co. and its owners, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your misuse of the Site; or (c) your violation of any applicable law or third-party right.
19. Privacy
Your use of the Site is also governed by our [Privacy Policy], which is incorporated into these Terms by reference.
20. Accessibility
We are committed to making our Site accessible to all users, including those with disabilities. If you encounter any accessibility barriers, please contact us at [info@wynstons.com] so we can work to address them.
21. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new "Last Updated" date. Material changes will be highlighted where appropriate. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.
22. Governing Law
These Terms and any dispute arising out of or related to them or your use of the Site are governed by the laws of the State of California, without regard to its conflict-of-law principles.
23. Dispute Resolution
Arbitration (limits class actions, more business-protective): Any dispute arising out of these Terms or your use of the Site will be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in San Diego County, California. You and Wynston's each waive any right to a jury trial and any right to participate in a class or representative action. Either party may bring qualifying claims in small claims court.
24. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
25. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced on the Site, constitute the entire agreement between you and Wynston's Ice Cream Co. regarding your use of the Site and supersede any prior agreements.
26. Contact Us
Questions about these Terms? Reach out:
Wynston's Ice Cream Co. 250 North City Drive, Suite 7 San Marcos, CA 92078 (858) 923-1411