The Mac & Cheese Affair Conditions of Sale

These Conditions of Sale (“Conditions”) govern your ordering of any products available on our services, including our various websites, SMS, phone calls, email notifications, and our other covered services that link to these Conditions collectively, the “Services”). The only language available for the conclusion of these Conditions is English.

Certain products may be governed by additional terms and policies ("Additional Conditions"). The Additional Conditions are incorporated into these Conditions, and any reference to these Conditions includes the Additional Conditions.

If there is anything in these Conditions that you do not understand, we recommend that you contact us before ordering.

Who May Order

You may place an order on the Services only if you are a consumer—not a reseller—and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to place an order on the Services.

1.1 No Purchase for Resale

The Services are intended solely for The Mac & Cheese Affair to sell The Mac & Cheese Affair products directly to end consumers, and therefore purchase of products for resale to others (consumers, businesses, or any third party) is strictly prohibited. If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you and/or cancel your orders.

2. Our Products for Sale

We may experience shortages of stock due to overwhelming popularity of a particular variant or size and cannot guarantee that products which appear to be in stock are actually available. If the product you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to contact our Box Office ( and a member of our team will be happy to suggest similar products.

Please note, where products are available in limited quantities only, we may restrict the number of products that may be ordered by the same person or the same household. Such restrictions will be specified in the product description on our Services.

Multiple accounts may not be used to circumvent or exceed published restrictions. If you exceed or attempt to exceed the posted restrictions, we reserve the right to take any action against you, including, without limitation, to restrict sales to you and/or cancel your orders.

This includes orders associated with the same name, e-mail address, billing address, credit card number, or other information.

2.1 Product Descriptions

The Mac & Cheese Affair aims to be as accurate as possible; however, we do not warrant that product descriptions, photographs, videos or other product related content on our Services are wholly accurate, complete, reliable, current, or error-free.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

3. How to Order

You need an e-mail address to place an order, and you will need to set your browser to accept functional cookies and similar technologies, such as pixels, local storage, and software development kits to add products to your shopping bag and submit your order.

You will be given the opportunity to review and confirm the details of your order, including the delivery address, preferred payment method and product details. No payments are taken at this stage.

When you submit an order, we will send you an email acknowledging receipt of your order to the address you have provided. This email sets out the final details of your order, including the products you have ordered and your order number for reference. We recommend you print and save a copy of this email, together with a copy of these Conditions for your records. This email is not an order confirmation or order acceptance from The Mac & Cheese Affair. Our acceptance of the order takes place when the products are shipped to you; unless we have notified you that we do not accept your order or you have cancelled it. At this point you agree to form a binding contract with The Mac & Cheese Affair containing these Conditions.

Due to the close time frame between order and shipment, it is difficult to make changes once your order has been placed. However, if you contact us within an hour of placing your order we will attempt to facilitate a change.

3.1 Data Checks

We may use the information provided in your order, and additional information we receive about you from signals such as your IP address or device settings, to prevent spam, fraud, and abuse. We run partly automated checks on all purchases to identify unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. The Mac & Cheese Affair does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

3.2 Our Right To Reject Your Order

We explicitly reserve the right to not accept your order for any reason. If we are unable to fulfill your order, we will inform you by email and your order will be cancelled and we will either not take payment from you or refund your order. We also reserve the right to cancel these Conditions by written notice to you by email in the following situations, including, without limitation,

  1. The product is not available / in stock;
  2. Concerns of fairness between customers where supplies are limited;
  3. Your billing information is not correct or not verifiable;
  4. You order is flagged by our security systems as an unusual order or an order susceptible to fraud;
  5. We believe you are under the legal age in your country;
  6. We believe that you are a reseller;
  7. There was an error in the price displayed on the Service;
  8. We could not deliver to the address you provided;
  9. In the event of misspelling, pricing, or other errors or mistakes on the Service information.

Where this is the case, we will offer you a full refund to your original method of payment. Beyond providing you a full refund of any amount we received from you, we accept no liability for any failure to ship products.

4. Payment for Your Order

We use a range of payment service providers to provide payment services. The Mac & Cheese Affair reserves the right to supplement the list of acceptable forms of payment on the Services. If you are using credit or debit cards to pay for your order, you may only use credit or debit cards that belong to you or to people who expressly authorize you to use such payment methods. We do not accept personal checks, money orders, or cash payments online.

Your payment will be deducted as soon as the order is received. We will not start the execution of your order prior to having received payment.

If you are experiencing problems with payment, please contact our Box Office and a member of our team will be happy to assist you.

4.1 Product Prices

The prices of the products will be as displayed on the Services. Prices may change from time to time, but changes will not affect any order which we have confirmed by email. 

We try our best to ensure that the product prices stated on our Services are accurate but errors can occur and sometimes we discover that the price displayed for a product is incorrect. We will not be liable to supply you with that product at the incorrectly displayed price.

If we discover that we have made a mistake with the price of a product on the Site, we will, at our discretion, cancel your order and notify you of such cancellation or notify you of the correct price of the product and will give you the option to purchase the product at the correct price or to cancel your order. If we are unable to contact you to advise you of the pricing error we will cancel your order. In the event that you choose to cancel your order but we have already taken payment, we will provide you with a full refund to your original method of payment.

4.2 Taxes and Currency

Sales Tax and similar taxes, such as value added tax (“VAT”), are calculated using local and national rates depending on where you are located. Where VAT is applicable, you will be charged at the local rate and it will be included in the product price.

Prices are quoted in local currency, based on IP address or device settings. If you change the country of delivery while browsing or during checkout, prices from that moment may be quoted in a different currency. We may change the price due, when you change the country of delivery, due to a change in currency or to country specific pricing.

The total price specified in the final checkout screen includes tax and any applicable shipping costs. We will record this price in the email acknowledging receipt of your order to the address you have provided. If you are paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

4.3 Customs

When ordering products from us for delivery to any address outside the United States, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. These and any other additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs office for further information. For goods shipped internationally, please note that the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements. You are responsible for assuring the goods can be lawfully imported to the destination country.

Additionally, please note that when ordering from us, you must comply with all laws and regulations of the country in which you are receiving the products. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.

5. Shipping and Delivery of Your Order

There are some locations that we cannot ship to, so please confirm that we can deliver to you before placing your order.

The estimated delivery time and shipping costs for each order will be presented at checkout. Please note that all delivery times given are estimates only. While we make every effort to deliver goods within the estimated timelines, delays may occur. The Mac & Cheese Affair shall not be liable for any delay or failure to deliver goods within estimated timelines. 

Our products are targeted to be delivered before your purchased performance date.

We strive to ship all products in an order together, but we reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment and we will notify you of our intention to do so by email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for cancelling any of the other products included in that order.

5.1 Title Transfer & Risk of Loss

Any orders that are dispatched to you will become your property at the time that we deliver your products to the shipping carrier, provided that The Mac & Cheese Affair has received full payment for the order.

5.2 Sharing Your Contact Information with our Shipping Carriers

By supplying us with your mobile phone number you agree that we may provide your phone number to a shipping carrier that we determine will be responsible for delivery of your order. The shipping carrier responsible for delivering your order may send you a text message or email indicating a time period for delivery.

6. Broadcast Services

Additional terms and conditions may apply purchases of eligible The Mac & Cheese Affair physical products. You can find these terms and conditions below.

The Mac & Cheese Affair provides an online audio service with social and interactive features that allows our users to access from various offerings of live and on-demand programming, including music, videos, or other content or material (collectively, the “Broadcast Content”). Our audio service, the Broadcast Content, our player for listening to the Broadcast Content, and all associated features and functionalities, user interfaces, and software applications associated with our services (collectively, the “Broadcast Services”). Accordingly, the specific terms and conditions set forth below apply when you use any of our Broadcast Services.

6.1 Entitlement Eligibility

You may gain access to the Broadcast Services through your acceptance of an order that references these Conditions, including access through an access card (we’ll call them an “Entitlement” in these Conditions). The Entitlement and instructions for using the Broadcast Services are included inside the packaging of eligible The Mac & Cheese Affair physical products.

An Entitlement may specify applicable fees, how long you are authorized to use the Broadcast Service, and other terms. In the event of a conflict between these Conditions and the conditions of an Entitlement (excluding these Conditions), these Conditions shall control except only to the extent that the Entitlement identifies the specific provision(s) in these Conditions to be varied.

By calling the phone number provided on the Entitlement you are representing that you, or a member of your household, obtained the Entitlement in an original package and the Entitlement was not purchased separately. Your representation is a condition of redemption and of your obtaining a license to stream a specific The Mac & Cheese Affair title for a limited period of time. For clarity, the content is licensed to you under this agreement, not sold to you.

The Broadcast Services are a complimentary bonus service included with your qualifying purchase of products from the Mac & Cheese Affair, and available to registered mobile numbers in the United States and Canada only. Your performance date must be within 1 year of receiving an Entitlement.

6.2 Text Messaging and Telephone Calls

You agree that The Mac & Cheese Affair or our agents may contact you by telephone calls or SMS messages (including by an automatic telephone dialing/announcing system, an artificial or a prerecorded voice, and/or other automated systems) at any of the phone numbers provided by you or on your behalf in connection with the Services. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.

If you later change or deactivate that phone number, you must update your information with us to help prevent us from communicating with anyone who acquires your old number.

Furthermore, you agree that message and telephone call contents are deemed to have no monetary value (i.e., are not a cash account or equivalent).

You agree that this consent to receive telephone calls may be revoked at your request, but you make continue to receive calls or messages for up to 2 weeks while The Mac & Cheese Affair processes your request. You also understand that you may opt out of receiving text messages from The Mac & Cheese Affair at any time, either by texting the word "STOP" to any our messages using the mobile device that is receiving the messages, or by contacting the Box Office.

6.3 Your License to Use the Services

The Mac & Cheese Affair gives you a limited, nonexclusive, non-sublicensable, non-transferable and revocable license to stream and privately display the Broadcast Content solely through various electronic devices that have been authorized by The Mac & Cheese Affair (we’ll call them “Authorized Device” in these Conditions), only for personal, noncommercial, purposes, only in the United States, Canada, and their territories and possessions, and in the manner permitted by these Conditions. This Broadcast Content is intended for informational and entertainment purposes only. The Broadcast Content does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.

Your license to the Broadcast Services may not be sold, bartered nor exchanged for goods, services or benefits. This license must be used by the same person, or a member of the same household, on any and all days. The Mac & Cheese Affair is not be liable for non-utilization of Broadcast Service components.

You may not do any of the following while accessing or using the Services:

  1. circumvent or disable any content protection system or digital rights management technology used with the Service;
  2. to not modify, or attempt to modify, any software or Broadcast Content for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Broadcast Content.
  3. copy, redistribute, reproduce, “rip,” record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Broadcast Content.

6.4 Broadcast Content Availability

You may listen to our Broadcast Content primarily within the country in which you have purchased the product and only in geographic locations where we offer our service and have licensed such Broadcast Content.

The Broadcast Content that may be available to stream will vary by geographic location and will change from time to time. We will take reasonable efforts to provide you with as much prior notice as possible by email; however, we shall have no liability to you in such event.

6.5 Broadcast Content Subjectivity

Broadcast Content tends to elicit varying reactions among different people. You may come across Broadcast Content that you find offensive, indecent, explicit or objectionable. Also, Broadcast Content types, genres, categories, and descriptions are provided as suggestions for convenience purposes only, and The Mac & Cheese Affair does not guarantee that you will agree with them. You acknowledge these risks.

6.6 Authorized Device Requirements

Your access to the Broadcast Content requires one Authorized Device and access to mobile voice and data services for voice calling, messaging and data (fees may apply). Your carrier may prohibit or restrict certain features of the Services and certain features of the Services may be incompatible with your carrier or wireless device. Because access to the Broadcast Content involves hardware, and mobile voice and data services access, your ability to access the Broadcast Content may be affected by these factors. It is your responsibility to ensure that you are able to comply with the relevant system requirements, which may be changed from time to time. The Mac & Cheese Affair accepts no responsibility for any lack of functionality that is due to your equipment (including your device, mobile voice and data services, operating system or settings and software). Access to parts or all of the Broadcast Services may be restricted from time to time to allow for repairs, maintenance or updating.

Your access to the Broadcast Content is limited to a single active stream to an Authorized Device capable of making and receiving inbound and outbound voice calls to the phone number provided when the associated product was purchased. Please also note that such process is subject to latency issues, and the Broadcast Content on some Authorized Devices may not support restart, playback, pause, rewind or other functionality.

6.7 Broadcast Content Quality

The quality of the Broadcast Content may vary from device to device, and may be affected if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, a variety of factors beyond our control may affect the quality of the Broadcast Content including network capacity, terrain, weather, network changes, if you are on a private or public Wi-Fi network, traffic volume, outages, technical limitations, signal strength, obstructions, public safety needs, among other conditions. As a result, we make no representations or warranties about the quality of your listening experience on your device or the ability of any Authorized Device to access or play the Broadcast Content. The time it takes to begin watching our Broadcast Content will vary based on a number of factors, including your location, available bandwidth at the time, the The Mac & Cheese Affair title you have selected and the configuration of your device.

6.8 Fees and Mobile Networks

When you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply, so please get bill payer’s permission. We are not responsible for any text messaging, voice calling, or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number.

You are solely responsible for determining and paying any third-party fees, charges or taxes in connection with your use of the Broadcast Services including, without limitation, those imposed by any Internet service provider, carrier, or governmental entity.

7. Returns

We want you to be delighted every time you shop with us. However, we regret that we cannot accept returns of our products due to the perishable nature of the products.

You may return to us any product (including products otherwise excluded from the cancellation/return rights above) that is damaged, defective, or we have delivered a product to you in error. Once we have confirmed that a product is damaged or defective, or was delivered in error, we will refund you the price paid for the product, and the cost of returning the product to us. Refunds will be made via the original payment method.

8. Disclaimers and Limitations of Liability

We do not limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or concealment.

We do not accept liability for any pure economic loss (e.g. lost wages) and any loss which is not a direct and reasonably foreseeable consequence of the relevant breach of these Conditions or which is consequential even if we have previously been advised of the possibility of such loss.

8.1 Events beyond Our Reasonable Control

Without prejudice to your statutory rights as a consumer, we will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control.

If an event beyond our reasonable control takes place that affects the performance of our obligations under these Conditions, we will contact you as soon as reasonably possible to notify you by email; our obligations under these Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the events beyond our reasonable control.

Where the event beyond our reasonable control affects our delivery of a product to you, we will arrange a new delivery date after the event beyond our reasonable control is over.

9. General

These Conditions shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given to us is not incorrect or fraudulent. No The Mac & Cheese Affair employee or agent has the authority to vary these Conditions.

9.1 Affiliates and Change of Ownership

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Conditions. 

You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.

9.2 Waiver

If you breach these Conditions and we take no action against you, we will not be considered to have given up our rights in respect of your breach. We reserve our rights and remedies in any situation where you breach these Conditions.

9.3 Changes to These Conditions

We may revise these Conditions from time to time. The Conditions posted on our Service at the time you place your order on our Service will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order.

9.4 Applicable Law

At The Mac & Cheese Affair, we expect that our world-class customer service team, which can be contacted through our Box Office, will be able to resolve any issues you may have as you enjoy our Services. In the unlikely event that an issue between us remains unresolved, it's useful to know up front where it can be resolved and what laws will apply.

The laws of the State of New York, excluding its choice of law provisions, will govern these Conditions and any dispute that arises between you and The Mac & Cheese Affair. All disputes related to these Conditions or the Services will be brought solely in the federal or state courts located in New York County, New York, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum or lack of personal jurisdiction.

Specifically excluded from application to these Conditions is that law known as the United Nations Convention on the International Sale of Goods.

9.5 Severability

In the event that any provision of these Conditions is held to be invalid, void, or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of these Conditions will remain in full force and effect.

The section headings are provided merely for convenience and shall not be given any legal import.

These Conditions are an agreement between you and

Ninety Nine Brands IP Holder, LLC
90 State Street
Suite 700 Office 40
Albany, NY 12207

If you have any questions about these Conditions, please contact us