Agreement between the user and www.niemanns.com
Welcome to www.niemanns.com. The www.niemanns.com website (the "Site") is comprised of various web pages operated by Niemanns. www.niemanns.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.niemanns.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.niemanns.com is a grocery store website and online ordering/delivery services site.
Privacy
Your use of www.niemanns.com is subject to NFI's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.niemanns.com or sending emails to NFI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NFI is not responsible for third-party access to your account that results from theft or misappropriation of your account. NFI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
NFI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.niemanns.com only with the permission of a parent or guardian.
Links to third-party sites/Third party services
www.niemanns.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NFI and NFI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NFI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NFI of the site or any association with its operators.
Certain services made available via www.niemanns.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.niemanns.com domain, you hereby acknowledge and consent that NFI may share such information and data with any third party with whom NFI has a contractual relationship to provide the requested product, service, or functionality on behalf of www.niemanns.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.niemanns.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NFI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NFI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NFI content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NFI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NFI or our licensors except as expressly authorized by these Terms.
Third-Party Accounts
You will be able to connect your NFI account to third-party accounts. By connecting your NFI account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by NFI from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NFI Content accessed through www.niemanns.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless NFI, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NFI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NFI in asserting any available defenses.
ONLINE ORDERING
Cancellation Policy
www.niemanns.com online ordering products are made fresh to order and in some instances are customized to the customer's specific request. As a result, NFI requires a minimum of 24-hour notice in the event you need to cancel an order. Cancellations not received by the store will result in charges to your credit card.
Customer Information Changes
It is your responsibility to promptly notify your bank or credit card company of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number.
Delivery or Pick Up
Large orders of specific items will be fulfilled based on available inventory levels on hand. For example, if you were to make an order of 20 gourmet cookie trays, which would use up all of the available inventory, you may only receive a portion of that order. We reserve the right not to deliver or provide items we deem to be excessive in quantity.
Methods of Payment
You can pay by any Visa, MasterCard, American Express or Discover card. Your credit card number will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time of order.
Product Availability
In the event an item you have ordered is temporarily unavailable, NFI will notify you by phone.
Refund Policy
It is the policy of NFI to ensure that all goods are supplied to our customers in perfect condition and that every possible precaution is taken to protect the integrity of the product that is sold. If you are unhappy with your unused purchase please return it within 14 days along with your receipt for an exchange or refund, by the original method of payment.
Items must be returned in their original packaging and must be complete.
Returns
Items damaged in transit
If you take delivery of an item from us and the contents have been damaged in transit, we will exchange the damaged items without charge to you provided you return the damaged item(s) to us within 14 days of taking delivery.
Defective items
You have the right to return a faulty item within 14 days along with proof of purchase.
Incorrect Items
If we have sent you an incorrect item, please notify our Customer Service Desk as soon as possible or within 14 days and return the incorrect item to us and specify the correct details in writing. If you would like us to replace the incorrect item with the item you ordered we will send you the correct item as soon as possible or alternatively, we will refund the item once it has been returned. We will not charge you for the incorrect item and we must have the incorrect item returned before investigating.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NIEMANNS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
NFI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NIEMANNS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NFI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, 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 USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NIEMANNS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restrictions/Controlling Law
NFI reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time without notice. To the extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and you hereby, by the use of this website, consent to the exclusive jurisdiction and venue of the State Courts of Illinois in all disputes arising out of or relating to the use of this site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitations, this provision.
You agree that no joint venture, partnership, employment, independent contractor or agency relationship exist between you and NFI as a result of this agreement and the use of this site. NFI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NFI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NFI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NFI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NFI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NFI reserves the right, in its sole discretion, to change the Terms under which www.niemanns.com is offered. The most current version of the Terms will supersede all previous versions. NFI encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
NFI welcomes your questions or comments regarding the Terms:
Niemanns
1501 N. 12th St.
Quincy, IL 62301
Email Address: maxcardhotline@niemannfoods.com
Telephone number: 217-221-5600
Effective as of May 01, 2014
