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Legal
Last modified: April 16, 2004
Welcome. We maintain this web site
as a service to our customers. With each use of our Internet Site (“Site”),
you agree to comply with and are bound by the following terms of use.
Please
review the following terms carefully. If you do not agree to these
terms, you should not review information or obtain goods from the
Site.
Acceptance of Agreement. You agree to the terms and conditions outlined
in this Terms of Use Agreement (“Agreement”) with respect
to our Site. This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties, and understandings with respect to the
Site, the content, products, or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and you
should review this Agreement prior to using the Site.
Products, Quantities, and Prices. Due to the nature of our business
and the Site’s products, quantities available and prices will
vary. Products, quantities, and prices shown on the Site are merely
representative of the type of products that we typically have. If
you place an order for a certain product or a specific quantity of
a product, that product may no longer be available, and, if it is
available, we may not have enough/any in stock to fill your order.
By displaying products, quantities and prices on the Site we are
NOT creating an offer for sale. Your order shall be the first offer
and shall not be deemed a counteroffer. We will have no obligation
to accept your offer. If you like a product, add it to your cart
and submit the order. We will contact you to accept or decline your
offer as soon as is reasonably practicable. Should you have any questions
regarding the products, quantities available, or prices, please email
us at info@shopgourmetsmarket.com.
STANDARD TERMS AND CONDITIONS OF SALES
PLEASE READ CAREFULLY BEFORE ORDERING.
Prices
All prices on our price list are F.O.B. our Knoxville, Tennessee
warehouse. Prices are subject to change without notice.
Ordering procedure
Internet, telephone, fax, email, or mail orders are accepted. If
ordering by phone, please call Monday through Friday 8:00
a.m. to 4:30 p.m. Eastern Standard Time. When ordering, be
sure to include your Customer CODE (if applicable), Item Number,
Style, Size, Quantity, Description, Price, Your Name, Company's
Name, Telephone Number, Billing and Shipping Address.
Contact Information
Phone: 865-584-8739
Gourmet's Market
5107 Kingston Pike
Knoxville, TN 37919
Payment
PAYMENTS ARE TO BE PREPAID UNLESS ARRANGEMENTS ARE MADE WITH OUR
STAFF PRIOR TO THE SHIPMENT.
Payment methods include:
PREPAID: Payment can be made by Cashiers Check, Money Order,
Credit Card, Visa - Master Card - Discover, or wire transfer.
Substitutions. No Substitutions.
Shipping Costs. The cost for
mailing the items is the actual shipping cost plus a $5.00 packing fee.
Shipping. The product will normally
be shipped within 5-7 business days.
Returns
RETURN MERCHANDISE WILL BE ACCEPTED ONLY WITH PRIOR WRITTEN AUTHORIZATION
BY OUR SALES STAFF.
CREDIT FOR DEFECTIVE PRODUCTS AND SHORTAGE WILL BE GIVEN ONLY WITH
PRIOR WRITTEN AUTHORIZATION BY OUR SALES STAFF.
ALL AUTHORIZATIONS MUST BE REQUESTED NO LATER THAN FIVE DAYS AFTER
DELIVERY; SHORTAGES, DEFECTIVE PRODUCTS AND DISCREPANCIES MUST
BE REPORTED WITHIN 48 HOURS OF DELIVERY.
All returns must be marked clearly and freight prepaid. We
will not accept returns on a COD or collect basis. Absolutely
no returns will be accepted for special or custom orders. Please
note that all merchandise is securely packed in good condition
and carefully inspected when delivered to carrier. Our responsibility
for damage ceases when your order is accepted and signed for by
the carrier. If your shipment appears to have been damaged,
request a notation to the effect on your delivery receipt. Promptly
unpack and inspect the contents and notify the delivery agent immediately
of any damage and file a claim with agent for the damaged merchandise
Refusals
FOR ANY REFUSED ORDER, THE CUSTOMER IS RESPONSIBLE FOR ALL THE
FREIGHT CHARGES
AND A RESTOCKING FEE OF 20% OF THE INVOICE AMOUNT.
Intellectual Property. The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion, and other
matters related to the Site are protected under applicable copyrights,
trademarks, and other proprietary (including, without limitation,
intellectual property) rights. The copying, redistribution, use,
or publication by you of any such matters or any part of the Site,
except as allowed by the Limited Right to Use Section of this Agreement,
is strictly prohibited. You do not acquire ownership rights to
any content, document, or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials. You shall
not be permitted to copy or reproduce any portion of the Site.
Trademarks. Gourmet's Market
is a trademark of Gourmet's Market. Other product and company
names mentioned on the Site may be trademarks
of their respective owners.
Limited Right to Use. The viewing,
printing, or downloading of any content, graphic, form or document
from the Site grants you only
a limited, non-exclusive license for use solely by you for you own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No
part of any content, form, or document may be reproduced in any form
or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale
or redistribution).
Editing, Deleting, and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information, or other
content appearing on the Site.
Indemnification. You agree to
indemnify, defend and hold us and our partners, attorneys, staff,
subsidiaries, employees and affiliates
(collectively, “Affiliated Parties”) harmless from any
liability, loss, claim and expense, including reasonable attorneys’ fees,
related to your violation of this Agreement or use of the Site.
Nontransferrable.
Your right
to use the Site is not transferrable. Any password or right given
to you to obtain information or document
is not transferable and shall be held strictly confidential.
Disclaimer. THE INFORMATION
FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limits. All responsibility or
liability for any damages caused by viruses contained within the
electronic file containing the form
or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU ACTUALLY
PAY TO US FOR ANY GOODS, SERVICES OR INFORMATION.
Use of Information. We reserve
the right, and you authorize us, to the use and assignment of all
information regarding Site uses
by you and all information provided by you in any manner consistent
with our Privacy Policy.
Termination. This Agreement constitutes
a binding agreement between you and us until terminated by us, which
we may do at any time, for
any reason and in our sole discretion without notice to you. If you
become dissatisfied with the Site, in any way, your only recourse
is to immediately discontinue use of the Site.
General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and
regulations regarding use of the Site,
our products and services, and your purchases and browsing.
No Agency. You and we are independent
contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee
relationship is intended or created by this Agreement or your use
of the Site.
Notices. Except as expressly
stated otherwise, all notices shall be given by registered mail,
return receipt requested and postage
prepaid to:
Gourmet's Market
5107 Kingston Pike
Knoxville, TN 37919
(in the case of us), or to the email address you provided to us
during the registration process, if applicable (in your case), or
such other address as the party shall specify. Notice shall be deemed
given upon receipt.
Third-Party Services. We may
allow access to or advertise third-party merchant sites (“Merchants”)
from whom you may purchase certain goods or services. You understand
that we do not operate
or control the products or services offered by Merchants. Merchants
are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a responsible party to the
transactions entered into between you and Merchants. You agree that
use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER WEB SITE LINKED TO OUR SITE,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you
while on their respective web sites. We are not responsible for information
provided by you to Merchant. We and the Merchants are independent
contractors and neither party has the authority to make any representation
or commitments on behalf of the other.
Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a part of this Agreement.
Payments. You represent and
warrant that if you are purchasing something from us or from our
Merchants that (i) any credit card information
you supply is true, correct and complete, (ii) charges incurred by
you will be honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices, including any
applicable taxes. All fees and prices quoted are in U.S. Dollars.
Securities Laws. The Site and
the information contained herein does not constitute an offer of
or a solicitation of an offer for sale
of any securities. None of the information contained herein is intended
to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents, nor any of the securities-related
filings or documents promulgated by our parent company.
Links to Other Web Sites. The
Site may contain links to third-party web sites. We are not responsible
for the content, accuracy or opinions
expressed in such third-party web sites, and any such third-party
web sites are not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked third-party web site
on the Site does not imply approval or endorsement of the linked
third-party web site by us. If you leave the Site and access these
third-party web sites, you do so at your sole risk.
Copyrights and Copyright Notices.
We respect the intellectual property of others, and we ask you to
do the same.
Information and Press Releases. The
Site may contain information and press releases about us. While this
information was believed
to be accurate as of the date prepared, we disclaim any duty or obligation
to update this information or any press releases. Information about
companies other than ours contained in the press releases or otherwise,
should not be relied upon as being provided or endorsed by us.
Miscellaneous. This Agreement
shall be treated as though it were executed and performed in Knoxville,
Tennessee, and shall be governed
by and construed in accordance with the laws of the State of Tennessee,
without regard to conflict of law principals. Any cause of action
by you with respect to the Site (and/or any information, goods or
services related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived and barred.
All legal proceedings arising out of or in connection with this Agreement
(and/or any information, goods or services) shall be brought solely
in Knoxville, Tennessee. You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial service of process.
All actions shall be subject to the limitations set forth in the
Disclaimer Section and Limits Section of this Agreement. The language
in this Agreement shall be interpreted as to its fair meaning and
not strictly against either party. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. This Agreement constitutes the entire and
only agreement between us and you and supercedes any and all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, goods and services provided
by or through the Site, and the subject matter of this Agreement.
To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
The Site is operated by Gourmet's Market, a Tennessee
business.
Contact info@shopgourmetsmarket.com with any questions or concerns
regarding this agreement or this site, or call us:
Phone: 865-584-8739—please mention you are an internet customer
Gourmet's Market
5107 Kingston Pike
Knoxville, TN 37919
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