Holy Cannoli Foods LLC, a Wisconsin limited liability company and owner of Holy Cannoli Foods™ (“Holy Cannoli”, “we”, “our”, or “us”) provides an online store (the “Store”) on its website in order to enable you to purchase products offered through the Store (“Products”). By purchasing Products from the Store, you agree to be bound by these Terms and Conditions of Sale (“Terms of Sale”) along with any related terms that we may provide in connection with such purchase.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SALE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE THE PRODUCTS.
Please read these Terms of Sale carefully. They require the use of binding arbitration. See “Applicable Law and Dispute Resolution” for more information.
These Terms of Sale give you specific legal rights, and you may also have other legal rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability in these Terms of Sale will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms of Sale may not apply to you.
In the case of inconsistencies between these Terms of Sale and information included in any other materials related to the Products (e.g., promotional materials and mailers), these Terms of Sale will always govern and take precedence.
Availability and Cancellations. All Products offered on the Store are subject to availability, and we reserve the right to impose limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice. Holy Cannoli reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
Pricing and Payment. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed. By providing a credit card or other payment method accepted by Holy Cannoli, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).You will provide Holy Cannoli with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Holy Cannoli reserves the right to cancel your order and to seek any other legal remedies that may be available. Holy Cannoli is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Holy Cannoli. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Store website. Holy Cannoli’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Holy Cannoli’s income. In the event you want to change or update payment information associated with your Holy Cannoli account, you can do so at any time by logging into your account and editing your payment information.
Shipment and Delivery: Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time. Shipments are made F.O.B. Holy Cannoli’s shipping point. Any claims for shortages or damages suffered in transit shall be submitted by you directly to the carrier. While Holy Cannoli will use all reasonable commercial efforts to maintain the delivery date acknowledged or quoted by Holy Cannoli, all shipping dates are approximate. Holy Cannoli reserves the right to make partial shipments. Holy Cannoli shall not be bound to tender delivery of any Products for which you have not provided shipping instructions.
Resale and Title Transfer. Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to you at the time of delivery by Holy Cannoli to the freight carrier.
Returns. Holy Cannoli will accept returns only if the Products delivered to you are defective or did not properly fill the order. If, for these reasons, you want to return the Product you purchased from the Store that has been shipped to you for a refund, you must notify us no later than 60 days following the date of purchase (whichever is later) (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Holy Cannoli customer support and clearly stating your desire to return the Product and your agreement to any applicable restocking fees. The Product must be returned within 14 days after you contact us to request a refund. Unless we confirm that the Product is faulty or not as described when we receive the returned Product, you will be responsible for all costs associated with returning the Product to us. Following this confirmation, we will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any restocking fees, promotional merchandise or discounts you received. We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Holy Cannoli of the returned Product.
Warranties and Disclaimers. The Store and all content displayed in connection with the Store is provided on an “as is” and “as available” basis and without warranties of any kind EXCEPT THAT WE GUARANTEE THAT OUR FOOD AND BEVERAGE PRODUCTS WILL BE WHOLESOME AND FREE OF SUBSTANTIAL DEFECTS, AND IF THEY ARE NOT, HOLY CANNOLI’S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY YOU, OR TO REPLACE AND DELIVER AN EQUIVALENT FOOD OR BEVERAGE PRODUCT AS SOON AS REASONABLY PRACTICABLE. THIS WARRANTY DOES NOT EXTEND TO PRODUCGTS BEYOND THE EXPIRATION DATE OR BEST USED BY DATE FOR FOOD AND BEVERAGE PRODUCTS IF YOU DO NOT TAKE DELIVERY WITHIN A REASONABLE TIME AFTER PLACING YOUR ORDER. To initiate a return under the Limited Warranty for your Product, you should contact us at [email protected]
EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY, HOLY CANNOLI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE STORE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY HOLY CANNOLI, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) HOLY CANNOLI BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF HOLY CANNOLI KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) HOLY CANNOLI’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO HOLY CANNOLI FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. HOLY CANNOLI DISCLAIMS ALL LIABILITY OF ANY KIND OF HOLY CANNOLI’ LICENSORS AND SUPPLIERS.
IT IS THE INTENTION OF YOU AND HOLY CANNOLI THAT THIS PROVISION BE CONSTRUED BY A COURT OR ARBITRATOR AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
Electronic Communications. You are communicating with Holy Cannoli electronically when you use the Store or send email to Holy Cannoli. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address may be used to send you information about Holy Cannoli’s products and services unless you opt-out of such emails using the opt-out link in the emails.
Modification. Holy Cannoli may modify these Terms of Sale at any time. Every time you order Products from Holy Cannoli, the Terms of Sale in force at that time will apply.
Applicable Law and Dispute Resolution. These Terms of Sale shall be governed by the laws of the State of Wisconsin without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Holy Cannoli has not adhered to these Terms of Sale, please contact us by e-mail at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely or unsatisfactorily, we invite you to let us know for further investigation. If you and Holy Cannoli are unable to reach a resolution to the dispute, you and Holy Cannoli agree that any dispute will be resolved exclusively under the rules of the American Arbitration Association (www.adr.org) at its Chicago, Illinois office. Any election to arbitrate by one party will be final and binding on the other. YOU FURTHER AGREE THAT UNDER THE ARBITRATION RESOLUTION PROCESS, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND HOLY CANNOLI AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN HOLY CANNOLI AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HOLY CANNOLI ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Holy Cannoli otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, Store, purchase of Products, or these Terms of Sale must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. Notwithstanding the foregoing, Holy Cannoli may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section, then this Section shall be deemed revised to conform with such laws.
Geographic Restrictions. Although the Store is accessible worldwide, the Products offered on the Store are only intended for shipment to, and consumption in, the United States.
Notifications. Holy Cannoli may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Holy Cannoli Account, hard copy, or posting of such notice on the Holy Cannoli website. Holy Cannoli is not responsible for any automatic filtering you or your network provider may apply to email notifications.
Force Majeure. Holy Cannoli will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, pandemics, governmental action, labor conditions, earthquakes, material shortages, transportation delays, or any other cause which is beyond Holy Cannoli’s reasonable control.
Waiver. The failure of Holy Cannoli to enforce any right or provision in these Terms of Sale will not constitute a waiver of such right or provision unless acknowledged and agreed to by Holy Cannoli in writing.
Construction. The headings of Sections of these Terms of Sale are for convenience and are not to be used in interpretation.
Contact. Holy Cannoli is located in Elkhorn, Wisconsin. Any questions, comments or suggestions, including any report of violation of these Terms of Sale should be provided Holy Cannoli as follows:
By E-mail: [email protected]
By Postal Mail: Customer Relations, Holy Cannoli Foods LLC, N7787 Laura Lane
Elkhorn, WI 53121.
Entire Agreement. These Terms of Sale constitute the entire agreement between you and Holy Cannoli with respect to the Products, superseding any prior agreements between you and Holy Cannoli. The failure of Holy Cannoli to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is found by a court of competent jurisdiction or an arbitrator to be invalid, you and Holy Cannoli nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Sale shall remain in full force and effect.
her than jury trials or class actions. Please refer to the section entitled “Applicable Law and Disput