These Terms and Conditions (“Terms”) govern the use of the website market-pantry.com (the “Site”) and any related mobile or software applications offered by Market Pantry® Brand Ham, Popcorn, Enchilada Sauce, Sparkling Water (“we”, “us”, “our”). Please read them carefully before using the Site or purchasing our products. By accessing or using the Site, you signify acceptance of these Terms.
1. Acceptance of Terms
By accessing or using this Site, registering an account, or purchasing products, you agree to be bound by these Terms. If you do not agree to any part of the Terms, do not use this Site or purchase products from us. Should any new features, tools or resources be added to the current store, site or application, additional terms and conditions may apply and will be posted on the relevant page on the store, site or application. Please review prior to using or purchasing these new features, tools or resources.
2. Use of Website and Services
You agree to use the Site and services only for lawful purposes and accept all responsibility for your actions. You agree not to:
- Post or transmit any unlawful, threatening, libelous, harassing or obscene material.
- Impersonate any person or entity.
- Post false, inaccurate or misleading information, or personal information of others without consent.
- Violate the copyright or intellectual property rights of any entity.
- Post any content that contains viruses, corrupted files or malware of any kind.
- Advertise products or services not related to those offered by us.
- Violate or attempt to violate our security mechanisms or the Site in any way.
- Use any data mining or similar tools on the Site.
- Engage in any illegal or fraudulent schemes or violate any applicable laws or regulations.
3. Account Registration
To purchase products or access certain features or resources, you may need to register and create an account. When you register, you agree to provide accurate and complete information and keep it updated. We reserve the right to terminate accounts that contain inaccurate or incomplete information.
You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. Please notify us immediately in case of any unauthorized use so we can take appropriate action.
4. Order Acceptance and Cancellation
By placing an order for a product, you represent that you are legally capable of entering into contracts. Your order constitutes an offer to purchase which will be accepted by us on shipment of product or notification of readiness for pickup, at which point a legally binding contract is formed.
We reserve the right to cancel any orders at any time, even after confirmation, due to unforeseen circumstances or those outside of our control. If your order is cancelled, we will notify you and process a refund within 3-5 business days.
5. Prices and Payment
All prices displayed on the Site are quoted in U.S. dollars. Applicable taxes will be added to your order price at checkout. We reserve the right to change prices at any time without notice.
You agree to pay the price quoted at time of purchase along with any applicable sales tax. Accepted payment methods are displayed at checkout. All credit card details supplied by you are processed by certified PCI-DSS compliant payment gateways only.
6. Delivery and Risk of Loss
We will arrange shipment of ordered products to the delivery address specified by you. Shipping and delivery dates are estimates only – we cannot guarantee a specific date or time of delivery. Title and risk of loss passes to you on transfer to the carrier. We are not liable for delayed, lost or damaged shipments.
7. Returns and Refunds
If you are not completely satisfied with your purchase, you can return it to us within 30 days of the original purchase date for a full refund. Please refer to our Return Policy for details on eligibility for returns, process and other conditions.
8. Disclaimers
Medical Disclaimer: The content on this Site and our products are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always consult a physician regarding any medical questions or health conditions.
Accuracy Disclaimer: While we take efforts to update information provided on this Site, we cannot represent or warrant accuracy of all content at all times. Information may contain errors, omissions, inaccuracies or become outdated.
Affiliate Disclaimer: We may feature links to third party products and services on our Site. If you purchase these products or services after clicking these links, we may receive compensation or commission from the associated third parties.
9. Intellectual Property
The Site design, text, graphics, interfaces, trademarks, logos, information, materials and all intellectual property displayed on or that can be accessed through this Site are our sole property. You are prohibited from using any contents without our express written permission.
10. User Content
We may display public content provided by users of our Site and services. We are not responsible for accuracy, legality or copyright compliance of such user content. We reserve the right to remove any user content at our own discretion.
By posting content on our Site or services, you grant us a royalty-free, irrevocable and non-exclusive license to reproduce, modify, distribute, translate, publish and create derivative works from it worldwide. You represent that you own or have right to publish all content posted by you.
11. Privacy Policy
Please refer to our Privacy Policy for details on how we collect, use and disclose personal information from our users. You agree that we may process your information as per our Privacy Policy.
12. Modifications
We reserve the right to modify these Terms at any time without individual notice by posting revised Terms on the Site. Your use of the Site signifies agreement with the then-current Terms. You should review them regularly for changes.
13. Termination
If you violate any provision of these Terms, your permission to use this Site and services will automatically terminate. In addition, we reserve the right to seek all remedies under law and equity for violation of our rights.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, GOODWILL OR DATA ARISING FROM YOUR USE OF THIS SITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL DAMAGES RELATING TO THE SITE IS LIMITED TO THE AMOUNT YOU PAID TO US FOR ANY PRODUCTS OR SERVICES ORDERED VIA THE SITE.
15. Indemnification
You agree to defend, indemnify and hold us harmless from any third party claims, damages, liabilities and expenses including attorney fees, arising from: (i) your use of the Site or services in violation of these Terms; (ii) your violation of any other party’s rights.
16. Waiver
Our failure to exercise or enforce rights or provisions of these Terms does not constitute waiver of those rights or provisions. Should any part of the Terms be held invalid or unenforceable, that portion will be construed to reflect the original intent and remaining portions will remain in full force and effect. Our rights and remedies under the Terms are in addition to other rights and remedies under law.
17. Governing Law
The Terms and the relationship between users and us shall be governed by the laws of the State of California without regard to conflict of laws provisions. You agree to submit to personal jurisdiction in California and any cause of action must be filed in California courts.
18. Contact Us
If you have any questions about the Terms or our Site, please contact us at:
Email: [email protected]
Effective Date: January 1, 2024