E-Commerce Terms of Use
E-Commerce Terms of Service
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. YOU ALSO AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CALICUTTS SPICE CO., INC. OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
The following E-Commerce Terms of Service are entered into by and between You and Calicutts Spice Co., Inc. (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “ETOS”), govern your access to and use of calicutts.com, including any content, functionality and services offered on or through calicutts.com (the “Website”), whether as a guest or a registered user.
These ETOS specifically apply to the purchase and sale of products through calicutts.com (the "Website") and are an integral part of the Website Terms of Use that apply generally to the use of our Website. Please read the ETOS carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these ETOS and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these ETOS including the agreements incorporated by reference herein, you must not access or use the Website.
Changes to the E-Commerce Terms of Service
We may revise and update these ETOS of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised ETOS means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these ETOS.
Website Terms of Use
Your use of the Website is also subject to the Company’s Website Terms of Use. Please review our Website Terms of Use, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Website Terms of Use is hereby incorporated into these ETOS.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these ETOS, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these ETOS. If there is a conflict between the terms for a promotion and these ETOS, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
Due to the nature of our products, we do not accept returns. However, if you are not happy with one of our products for any reason, please let us know, and we will be more than willing to work with you to ensure your satisfaction. If for any reason, you remain unsatisfied with our blends, we will be happy to issue you a refund for the price you paid for the item (excluding shipping costs). Your refund will be credited back to the same payment method used to make the original purchase on the Website.
Warranty and Disclaimers
ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS ON THIS WEBSITE.
The limitation of liability set forth above shall only apply to the extent permitted by law and shall not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury resulting from our acts or omissions.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Website are not for export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these ETOS, for any failure or delay in our performance under these ETOS when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, including shut downs from pandemics and other communicable diseases, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
All matters relating to the Website and these ETOS, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these ETOS or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case geographically located nearest to the City of Mechanicsburg, PA and County of Cumberland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Assignment
You will not assign any of your rights or delegate any of your obligations under these ETOS without our prior written consent of the Company. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers
The failure by us to enforce any right or provision of these ETOS will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Calicutts Spice Co., Inc.
No Third-Party Beneficiaries
These ETOS do not and are not intended to confer any rights or remedies upon any person other than you.
Severability
If any provision of these ETOS is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the ETOS under which the Website is offered. The most current version of the ETOS will supersede all previous versions. The Company encourages you to periodically review the ETOS to stay informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding the ETOS:
Calicutts Spice Co., Inc.
611 Gettysburg Pike, Suite 202
Mechanicsburg, PA 17055
Email Address: info@calicutts.com
Effective as of August 30, 2022