PLEASE READ THE BELOW TERMS AND CONDITIONS OF SALE (“TERMS”) CAREFULLY BEFORE AGREEING TO THEM. THESE TERMS, AND THESE TERMS ALONE SHALL GOVERN YOUR TRANSACTION(S) WITH PACKIT GOURMET (“PACKIT”) FOR THE GOODS YOU (“YOU” or “CUSTOMER”) WISH TO PURCHASE (“GOODS”).
BY COMPLETING ANY PURCHASE WITH PACKIT, YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING:
Price
Packit reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Packit Gourmet which is due to any factor beyond Packit Gourmet’s reasonable control (such as, without limitation, any market fluctuation, currency regulation, alteration of duties or increase in the cost of raw materials), any change in delivery dates, quantities or specifications requested by the Customer, or any delay caused by any instruction of the Customer or failure of the Customer to give Packit Gourmet adequate information or instructions.
Order Changes & Returns
All sales are final. No returns, replacements, or refunds will be permitted without Packit Gourmet’s express written consent, and then shall only be permitted at Packit Gourmet’s sole discretion. Orders may not be changed or cancelled without Packit Gourmet’s permission. At Packit Gourmet’s sole discretion, Customer may be charged additional costs and fees as a result of any such changes or cancellations.
Taxes & Fees
Any taxes, impositions or other charges, including sales, use, excise, value added, manufacturer’s and similar taxes or charges imposed by any government authority, international shipping charges and import duties that may be imposed upon the sale or use of the Goods or similar fee required under this transaction shall be in addition to the quoted prices and paid by Customer.
Shipping & Delivery
Packit Gourmet shall begin preparing orders only once full payment has been received. Once complete, Packit Gourmet shall ship the order per the shipping option You selected. Please note that shipping times may change during busy periods or for large orders. Packit Gourmet will notify You of any such changes. This cost of shipping is in addition to the cost of the Goods, and shall be borne by You. This shipping cost shall also include insurance for the shipment. Responsibility for the Goods shall be transferred to You at the point of shipment. Title to the Goods shipped by Packit Gourmet shall remain with Packit Gourmet, and shall not pass to the Customer, or any other person or entity, until the purchase price for the Goods, together with any other charges, if any, have been paid in full to Packit Gourmet.
All delivery dates for orders are estimates. Packit Gourmet will do everything that is commercially reasonable to meet this date, but it appreciates Customer’s patience if a given order takes longer to arrive than predicted. Notwithstanding, Packit Gourmet shall not be liable for any damages or delays associated with the fulfilment of any order arising from any act outside of its control.
Materials
All brochures, catalogues, price lists, samples and other advertising or descriptive material submitted to or made available to the Customer by Packit Gourmet are intended to be approximate only and to give a general impression of the Goods. Unless expressly incorporated the same shall not form part of these Terms.
Backorders
If for any reason Packit Gourmet is backordered on any Good, Customer will be notified of the change in timing, as well as any other available choices or substitutes.
Warranty
Packit warrants only that the Goods shall conform to the description on the individual product packaging, provided that the Customer ensures it follows all proper and prescribed storage, handling, and usage indications, including but not limited to prescriptions relating to temperatures, storage conditions, instructions for preparation and use, and use by dates. This warranty shall only extend to Customer, and not to any other parties, including relatives of Customer. With exception to the foregoing, the Goods are sold “As Is”, and come with no other warranty whatsoever, including, without limitation, a warranty of fitness for a particular purpose or a warranty of merchantability.
Packit Liability
Packit Gourmet accepts no liability or responsibility for any damages that occur as a result of, or during transit. To the fullest extent under applicable law, Packit Gourmet hereby disclaims all liability whatsoever to Customer, including without limitation any liability for damages (proven, or alleged) arising from Customer’s purchase, ownership, or use of the Goods. Without limiting the applicability of the foregoing, under no circumstances shall Packit Gourmet’s liability to Customer exceed the total value of the order giving rise to the claim for damages. Under no circumstances shall Packit Gourmet be liable to Customer for any special, punitive, indirect, exemplary, or consequential damages, including, but without limitation, lost profits.
Customer Liability & Indemnity
Customer agrees that it shall be solely liable for, and shall fully indemnify and hold Packit Gourmet harmless against, any alleged or actual damages arising from the handling, storage, consumption, use, or misuse of the Goods; any Customer negligence or malfeasance; or from any breach of these Terms, regardless of the theory giving rise to this liability. Customer further swears and affirms that it has decided to make its purchase after fully researching and investigating the products it wishes to buy, and has fully and independently verified the suitability of those products for its own use or disposition. Customer hereby takes full responsibility for its purchase, and anything resulting therefrom.
Customer also agrees that Packit Gourmet’s intellectual property is of paramount importance and value to Packit Gourmet. As such, Customer agrees to be solely liable for, and to indemnify and hold Packit Gourmet harmless against any alleged or actual damages arising from any infringements upon Packit Gourmet’s intellectual property arising as a result of Customer’s actions or omissions. Customer also agrees not to use without Packit Gourmet’s express written consent any of Packit Gourmet’s intellectual property or materials, including, but without limitation Packit Gourmet’s logo, sales materials, products, company name, website, designs, graphics, photographs, written content, recipes, ingredients, or meal names.
Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of the State of Texas without regard to principles of conflicts of laws; and any dispute shall be resolved by the courts in the state of Texas, with preference given to courts in Travis County. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL IN ANY PROCEEDING INVOLVING ANY DISPUTE OR MATTER ARISING UNDER THESE TERMS.
Miscellaneous
Packit Gourmet reserves the right to amend or modify these Terms at any time at its sole discretion. The failure of either Party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or any transaction between the Parties must be filed within six (6) months after such claim or cause of action either arose, or should have been discovered, whichever occurs first, or such claim shall be forever barred.
These Terms constitute the entire agreement between the Parties with respect to the subject matter herein and supersedes all other agreements, whether written or oral, between the Parties. Unless otherwise stated in writing by Packit Gourmet, all current and future terms submitted by Customer to Packit are hereby expressly rejected by Packit Gourmet, and both Parties agree that these Terms shall govern any transaction between the Parties. The Parties are, and shall at all times remain independent Parties, and neither shall have the right to bind the other in any manner. Nothing herein shall be interpreted as establishing a joint venture or partnership between the Parties.
These Terms shall be binding on, and shall inure to the benefit of the Parties and their respective heirs, successors and assigns. Customer may not assign any of its rights herein or delegate any performance herein, except with Packit Gourmet’s prior written consent. Any purported assignment of rights or delegation of performance is void. If any term herein is found invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule and the remaining provisions herein shall remain in full force and effect.
Customer swears it has the full legal authority to consummate with Packit Gourmet the transaction in question, and the full legal authority to be bound by these Terms.