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Terms and Conditions of Sale
Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause that requires use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
These terms and conditions (the "Agreement") apply to your purchase of products and/or services offered on this Web site by ICG America, Inc. (the "Company"). By placing your order, you accept and are bound to the terms and conditions of this Agreement. This Agreement shall apply unless you have a separate purchase agreement with the company, in which case the separate agreement shall govern.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in writing and signed by both you and the Company.
Payment terms are within the Company's sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. Your order is subject to cancellation by the Company, at the Company's sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
Shipping and handling fees are included with your purchase unless otherwise indicated at the time of sale.
Monthly deliveries made by the Company are scheduled to arrive the last week of each month. You acknowledge that delivery dates are non-binding estimates only and that you have no claim against us for delays or early deliveries. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. Deliveries of wine or beer are restricted to those 21 years of age or older.
The Company is not responsible for:
- Items delivered to incorrect addresses supplied by the sender or recipient.
- Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the sender or recipient.
- Decreased product quality due to an incorrect delivery address supplied by the sender or recipient, or a re-route requested by the sender or recipient.
- Product quality problems caused by improper handling by the recipient including product quality problems resulting from perishable items that are left unattended or unopened by the recipient.
GUARANTEE, RETURNS, DAMAGES AND CANCELLATIONS
Due to the perishable nature of most of our items, we are unable to accept returns under any circumstances.
The Company guarantees your purchase will arrive undamaged. We cannot guarantee or warrant against individual taste preferences. All claims for damaged, spoiled, or missing shipments must be made by the fifteenth day of the month following your scheduled delivery. Claims may be made by email to [email protected] or by calling 1-800-507-4660. For claims made by the fifteenth day of the month following your scheduled delivery, the Company will replace your damaged, spoiled or missing shipment with a shipment in a future month. We are unable to accommodate claims for damaged, spoiled or missing shipments received after the fifteenth day of the month following your scheduled delivery.
Memberships may be cancelled at any time by sending an email to the Company at [email protected] or by calling 1-800-507-4660. All cancellation requests must be received by the tenth day of the shipping month. Cancellation requests received after the tenth day of the month shall apply to the following month. A membership sent to a third-party recipient is the property of that third-party recipient and all cancellation requests must be made by that third-party recipient. The Company cannot accept cancellation requests from the purchaser of a membership sent to a third-party recipient.
Changes to your membership including, but not limited to, changes to delivery addresses, shipping schedules, billing information, and product selections, must be received by the Company by the fifteenth day of the shipping month to take effect that month. Changes received after the fifteenth day of the month will take effect the following month and the Company will not be responsible for missing, damaged, or unshipped items or incorrect/unintended deliveries due to change requests received after the fifteenth day of the shipping month.
ONGOING ORDERS AND AUTOMATIC RENEWALS
If you choose a defined term membership (3 months, 6 months, 12 months, or seasonal) your order will never renew and we will only charge your credit card for the exact number of months you order and on the schedule you request.
IF YOU CHOOSE AN ONGOING MEMBERSHIP WITH NO DEFINED NUMBER OF SHIPMENTS, WE WILL CHARGE YOUR CREDIT CARD FOR YOUR INITIAL SHIPMENT(S) AT THE TIME YOU PLACE YOUR ORDER. YOUR ORDER(S) WILL AUTOMATICALLY RENEW ON THE SCHEDULE YOU SELECTED AND WE WILL CONTINUE TO CHARGE YOUR CREDIT CARD THE SAME AMOUNT ON APPROXIMATELY THE TENTH DAY OF EVERY SHIPPING MONTH UNLESS YOU PAUSE OR CANCEL YOUR MEMBERSHIP. YOU MAY PAUSE OR CANCEL YOUR MEMBERSHIP BY CONTACTING US PRIOR TO THE TENTH DAY OF ANY SHIPPING MONTH VIA EMAIL AT [email protected] OR TOLL-FREE AT 1-800-507-4660. IN THE EVENT THE PRICE OF YOUR AUTOMATIC PAYMENT(S) CHANGES, YOU WILL BE NOTIFIED BY US VIA EMAIL AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL ANY FUTURE SHIPMENTS PRIOR TO ANY CHANGE IN PRICE TAKING EFFECT.
LIMITATION OF LIABILITY
The Company does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, the company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Company, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed.
The arbitration will be limited solely to the dispute or controversy between you and the Company. We each agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, private attorney general or representative action. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Company will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. The Federal Arbitration Act, 9 U.S.C. sec. 1-16 governs the interpretation and enforcement of this agreement to binding arbitration. Information on AAA and its applicable rules are available at the following number and URL: American Arbitration Association,(800) 778-7879, www.adr.org.
This agreement and any sales there under shall be governed by the Federal Arbitration Act and laws of the state of Texas, without regard to conflicts of laws rules.
"Fruit of the Month" and "Fruit of the Month Club" are trademarks owned by Harry and David and are used herein with permission under license.