Terms & conditions

Welcome to Italia Gourmet Food.

PLEASE NOTE THAT YOUR USE OF THE ITALIA-GOURMET.COM FOOD SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS ITALIA-GOURMET.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY ITALIA-GOURMET.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE ITALIA-GOURMET.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

User Obligations
You agree not to do any of the following while using the Italia-Gourmet.com web site:

Intentionally or unintentionally violate any applicable law or regulation.
Access, interfere with, or use nonpublic areas of the Italia-Gourmet.com web site.(*)
Access, interfere with, or use computer systems.(*)
Frame or link to the Italia-Gourmet.com web site except as permitted in writing by us.

(*) Unauthorized individuals attempting to access or interfere with these areas may be subject to prosecution.

The Sale of Alcoholic Beverages
Italia-Gourmet.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Italia-Gourmet.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Italia-Gourmet.com is over the age of 21. You also agree that any alcohol purchased from Italia-Gourmet.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Italia-Gourmet.com will prosecute you fully to the extent allowable by law.

Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Italia-Gourmet.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Italia-Gourmet.com. Italia Gourmet Food neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this web site by anyone other than authorized Italia-Gourmet.com employees acting in their official capacities.

Parental Control Protections
As required by the Communications Decency Act of 1996, Italia-Gourmet.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.

Site Links
Italia-Gourmet.com web site may contain links to other web sites or resources. You acknowledge and agree that Italia-Gourmet.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Italia Gourmet Food web site does not imply that Italia-Gourmet.com endorses the linked site.

Gift Certificates
Italia-Gourmet.com gift certificates are issued and sold by Italia-Gourmet.com. Gift certificates must be redeemed through the Italia-Gourmet.com Web site, http://www.Italia-Gourmet.com, toward the purchase of food products listed in Italia-Gourmet.com online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Italia-Gourmet.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the Italia-Gourmet.com web site are subject to Italia-Gourmet.com general Terms of Service and Privacy Policy.

We are not responsible for lost or stolen gift certificates. Italia-Gourmet.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Italia-Gourmet.com web site or is redeemed and used to make purchases on the Italia-Gourmet.com web site. Italia-Gourmet.com may provide gift certificate purchasers with information about the redemption status of gift certificates.

Intellectual Property
Protection of Content Provided by Italia-Gourmet.com and Its LicensorsAll text, graphics, logos, icons, images, audio clips and software on the Italia-Gourmet.com Site ("Site Content") are copyrighted materials owned by or licensed to Italia-Gourmet.com. The Site Content may contain trademarks, service marks and trade names which are owned by Italia-Gourmet.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Italia-Gourmet.com, its affiliates, or third parties. "Italia-Gourmet.com" is a trademark of Italia-Gourmet.com. Unless authorized in writing by an officer of Italia-Gourmet.com, Italia-Gourmet.com trademarks may not be used in connection with any product or service that is not Italia-Gourmet.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Italia-Gourmet.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Italia-Gourmet.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Italia-Gourmet.com Site. Nothing contained in the Italia-Gourmet.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Italia-Gourmet.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Italia-Gourmet.com, its affiliates, and/or any third party, as applicable.

Copyright
Copyrights and Designated Agent For Notification of Claims of Infringement Italia-Gourmet.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Italia-Gourmet.com Designated Agent the following information:

1. Italia-Gourmet.com Policy Concerning Claims of Infringement

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Italia-Gourmet.com designated agent as specified below. Please include the following information:

A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices
Italia-Gourmet.com will give you any necessary notices by posting them on the Italia-Gourmet.com web site. You authorize Italia-Gourmet.com to send notices via electronic mail as well if Italia-Gourmet.com decides, in its sole discretion, to do so. You agree to check the Italia-Gourmet.com web site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Italia-Gourmet.com web site.

Disclaimer of Warranties
ALTHOUGH ITALIA-GOURMET.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE ITALIA-GOURMET.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE ITALIA-GOURMET.COM SITE. ITALIA-GOURMET.COM DOES NOT WARRANT THAT YOUR USE OF THE ITALIA-GOURMET.COM SITE, OR THE OPERATION OR FUNCTION OF THE ITALIA-GOURMET.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE ITALIA-GOURMET.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH

YOUR USE OF THE WEBSITE. ITALIA-GOURMET.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE ITALIA-GOURMET.COM SITE. THE ITALIA-GOURMET.COM SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability
IN NO EVENT SHALL ITALIA-GOURMET.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ITALIA-GOURMET.COM SITE, THE USE OR PERFORMANCE OF THE ITALIA-GOURMET.COM SITE, THE DELAY OR INABILITY TO USE THE ITALIA-GOURMET.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ITALIA-GOURMET.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ITALIA-GOURMET.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ITALIA-GOURMET.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ITALIA-GOURMET.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ITALIA-GOURMET.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS ITALIA-GOURMET.COM'S LIABILITY OR YOUR REMEDIES.

Privacy Policy
Your use of the Italia-Gourmet.com web site is governed by the Italia-Gourmet.com Privacy Policy.

Termination of your Italia-Gourmet.com Account
Italia-Gourmet.com may terminate your Italia-Gourmet.com account with or without cause at any time effective immediately.

Force Majeure
Italia-Gourmet.com shall be excused from performance under this Terms of Service if Italia-Gourmet.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Italia-Gourmet.com.

Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Italia-Gourmet.com, Limitation of Liability, Indemnity and General Provisions.

General Provisions
You agree that Italia-Gourmet.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Italia-Gourmet.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Italia-Gourmet.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Italia-Gourmet.com in writing. The Terms of Service, along with the Italia-Gourmet.com Privacy Policy, comprises the entire agreement between you and Italia-Gourmet.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Italia-Gourmet.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Italia-Gourmet.com shall be null and void. These Terms of Service will inure to the benefit of Italia-Gourmet.com successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated September 30th, 2008.