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Conditions of Use
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Welcome to Gourmet-Delights.com. Gourmet Delights, LLC and/or its affiliates ("Gourmet Delights") provide website features to you subject to the following conditions. If you visit or shop at Gourmet-Delights.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Gourmet Delights service or business (e.g., Your Account, Gift Cards) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Gourmet-Delights.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Gourmet-Delights.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gourmet Delights or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Gourmet Delights and protected by U.S. and international copyright laws. All software used on this site is the property of Gourmet Delights or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
GOURMET DELIGHTS, GOURMET-DELIGHTS.COM, and other Gourmet-Delights.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Gourmet Delights in the U.S. and/or other countries. Gourmet Delights' trademarks and trade dress may not be used in connection with any product or service that is not Gourmet Delights', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gourmet Delights. All other trademarks not owned by Gourmet Delights that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gourmet Delights.
PATENTS
One or more patents owned by Gourmet Delights apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
Gourmet Delights grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gourmet Delights. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gourmet Delights. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gourmet Delights without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gourmet Delights' name or trademarks without the express written consent of Gourmet Delights. Any unauthorized use terminates the permission or license granted by Gourmet Delights. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gourmet-Delights.com so long as the link does not portray Gourmet Delights, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gourmet Delights logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, 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. Gourmet Delights does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Gourmet-Delights.com only with involvement of a parent or guardian. Gourmet Delights reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Gourmet Delights reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Gourmet Delights a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gourmet Delights and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gourmet Delights for all claims resulting from content you supply. Gourmet Delights has the right but not the obligation to monitor and edit or remove any activity or content. Gourmet Delights takes no responsibility and assumes no liability for any content posted by you or any third party.
BLOGGERS, PUBLISHERS, WRITERS
If you receive a free product from Gourmet Delights, including, but not limited to, a refund of your purchase price, you grant Gourmet Delights a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gourmet Delights and sublicensees the right to use your name in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and/or have created; that the content is accurate; that use of the content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gourmet Delights for all claims resulting from the content. Gourmet Delights has the right but not the obligation to monitor and edit or remove any activity or content. Gourmet Delights takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Gourmet Delights are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Gourmet Delights attempts to be as accurate as possible. However, Gourmet Delights does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gourmet Delights itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Gourmet-Delights.com, we can't confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Gourmet Delights.
OTHER BUSINESSES
Our website provides links to other businesses and associated/affiliated companies. It is not our responsibility to examine or evaluate these other websites. We are not responsible for their content or offerings, and are not responsible or liable for the actions of these businesses, individuals or any other third parties. It is your responsibility to review their conditions and terms of use, and their privacy statements.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GOURMET DELIGHTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOURMET DELIGHTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOURMET DELIGHTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOURMET DELIGHTS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GOURMET DELIGHTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOURMET DELIGHTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Gourmet-Delights.com, you agree that the laws of the state of New Mexico, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gourmet Delights.
DISPUTES
Any dispute relating in any way to your visit to Gourmet-Delights.com or to products or services sold or distributed by Gourmet Delights or through Gourmet-Delights.com shall be governed by the laws of New Mexico. Any and all questions, disputes, controversies or claims shall be settled by mandatory, binding arbitration in accordance with the New Mexico Uniform Arbitration Act, §§44-7-1, et seq., 1978 Comp., as amended. All arbitration shall be adjudicated in Bernalillo County, New Mexico. You consent to exclusive jurisdiction and venue.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Gourmet-Delights.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Confirming Prices (Pricing Policy)
Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.
Some discounts are limited-time offers. The discount we are able to offer for any item is dependent upon its availability, Gourmet-Delights.com's price will necessarily change on occasion.
With respect to items sold by Gourmet-Delights.com, we can't confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
This policy applies only to products sold and shipped by Gourmet-Delights.com.
Disclaimer
While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists, method of manufacture or country of origin. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Gourmet Delights, LLC, Gourmet Delights and Gourmet-Delights.com assumes no liability for inaccuracies or misstatements about products.
Our Remedies if You Pay Late or Fail to Pay
Late or Non-Payments: You may be billed fees, charges, and assessments related to late or non-payments if for any reason (a) Gourmet Delights does not receive payment for the Product(s) or Service(s) by the payment due date or (b) you pay less than the full amount due for the Product(s) or Service(s).
Fees Not Considered Interest or Penalties: Gourmet Delights does not anticipate that you will fail to pay for the Product(s) or Service(s) on a timely basis. Unless otherwise specified in writing, we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Product(s) or Service(s) on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
Collection Costs: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or court costs.
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