Terms & Conditions
Terms & Conditions
Delicitaly.com is owned and operated by IMPORT39 LLC.
Please read this carefully. By submitting an order on this web site you are agreeing to the terms that appear below which will apply to any purchase made on this web site. These Terms and Conditions were most recently updated on 1st March 2015.
All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the “Confirm order/ Buy” button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s)at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered
There is no additional sales tax charged on our food products. Sales tax (if applicable) is included in the displayed price of all our taxable products.
METHOD OF PAYMENT
Payment is processed through Paypal. PayPal is an online payment service that allows you to pay securely, easily and reliably in online shops. Your bank or credit card details are stored with your personal PayPal account. You can also use Paypal to pay with your credit/debit card without a Paypal account.
DELIVERY AND RETURN
AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
We will be able to cancel your order free of charge only if the shipment has not been booked / took place.
If the product have been shipped or delivered, we will be able to refund only part of the costs of the products, when returned in sealed conditions. For more information, see “Delivery and return” page or click here.
WARRANTY AND LIABILITY
In addition to our Delivery terms (see “Delivery and return” page or click here), we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
This website and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for particular purpose. We acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that Delicitaly shall not be liable for any damages of any kind related to your use of this website.
From time to time, there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Delicitaly reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
You agree to defend, indemnify and hold Delicitaly harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site, including, without limitation, your use of this Delicitaly.com website in violation of these Terms and Conditions.
Customer complaints should be addressed to firstname.lastname@example.org
SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
VIOLATION AND TERMINATION OF USAGE
Delicitaly may terminate or suspend your access to all or part of the services immediately and without notice for any conduct that Delicitaly, in our sole discretion, believes is in violation of any applicable law or is harmful to the interests of Delicitaly or any third party. Upon termination, you must cease use of the services and all related content. Delicitaly reserves the right to seek remedies available by law and in equity for violations of theses Terms and Conditions, including the right to block access to the website from a particular Internet address.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity of enforceability of any other remaining provisions.
This agreement shall be governed by the laws of the state of Texas.
Please note that products may contain nut traces, milk and glutine.
Nespresso® is a registered trade mark by SOCIETÈ DES PRODUITS NESTLÈ S.A.
The Nespresso® trademark is not the property of Import39 LLC. There is no affiliation between Nespresso®, Nestle Nespresso S.A.®, Societe des Produits Nestle S.A.® and their affiliates and Import39 LLC and any of its affiliates.
Beside that, all of the content you see on this website, including, but not limited to, all of the page images, illustrations, graphics, audio clips, video clips, and text (referred to herein as Content) is the exclusive property of Delicitaly and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Delicitaly, by one of its affiliates or by third parties who have licensed or assigned their rights, interests, and/or materials to Delicitaly. The entire Content of the Delicitaly.com website is copyrighted as a collective work under U.S. and other applicable copyright laws, and Delicitaly owns a copyright in the selection, coordination, arrangement and enhancement of the content. The content of the Delicitaly.com website, and the website as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the content only for your own personal and non-commercial use, (2) you do not copy or post the content on any network computer or broadcast the content in any media and/or in any form or format, (3) you do not modify or alter the content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit all intellectual property rights to Delicitaly. No right, title or interests in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Delicitaly reserves complete title and full intellectual property rights in any content you download form this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivate works from the content without first obtaining the express written permission of Delicitaly.