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Topline International Fine Foods - Terms of Use

 Introduction

Welcome to Topline International Fine Foods (the "Site"). Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. Topline International Fine Foods reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

 

Definitions

"you" and "your" means the person using the Site or ordering food from Topline International Fine Foods, who must be over 18 years of age.

"Topline International Fine Foods", "we" or "us" or "our" means Topline International Fine Foods.

"Account" means your details and shopping history which are created when you register to shop through the Site.

 

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Topline International Fine Foods does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. All software used on this Site is the property of Topline International Fine Foods or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Topline International Fine Foods's endorsement, sponsorship or recommendation of the third party, its information, products or services. Topline International Fine Foods is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

 

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Topline International Fine Foods will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Topline International Fine Foods on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox or Microsoft Explorer).

 

Orders

Once you have placed an order on the Site we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from us. You will become the owner of, and bear all risk for, the goods at the time they are delivered.

There is a minimum order value, which may change from time to time. All prices quoted are exclusive of tax and you will see taxes due when you checkout. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.

 

Acceptance

We use no pre-authorization procedure. Unless agreed upon before your transaction, your payment is deducted and charged at the time you checkout.

 

Order Alteration and Return

You can cancel or amend your order at any time by contacting Topline International Fine Foods. Due to shipment and delivery times, changes to your order must be made at least 2 days before the delivery date in order to be reflected in your delivery. For any changes made to your order inside of 7 days, we reserve the right to include the changed items on future deliveries to avoid re-delivery fees. Every effort will be made to accommodate your request.

Topline International Fine Foods provides you with an unconditional guarantee. If you are unsatisfied with any item on your delivery, simply inform us. Upon your next delivery, we will pick up the remaining unopened items that you did not like and replace them with items of your choice. If you are not satisfied with your order, please contact Topline International Fine Foods.

In order to be eligible for our guarantee, you must:

Contact Topline International Fine Foods within thirty (30) days of date on which you received your order;

Store the received items in the manner appropriate to the type of goods (e.g. keep chilled items chilled, frozen item frozen etc.); and

Return the cancelled items to us in the same condition as they were delivered to you.

 

Pricing and Content Information

 

While Topline International Fine Foods strives to provide accurate pricing information, pricing or typographical errors may occur. Topline International Fine Foods cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Topline International Fine Foods shall have the right, at Topline International Fine Foods's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Topline International Fine Foods may, at Topline International Fine Foods's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

If an item's price changes between the time you place your order and the day your order is packed for delivery, we will charge you the original price you purchased it at. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item.

Merchandise Content: Topline International Fine Foods attempts to be accurate in its product descriptions. However, Topline International Fine Foods does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

While we strive to obtain accurate product descriptions, ingredients information & nutritional facts, we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented on this website and that you always read labels, warnings, and directions and other information provided with the product before using or consuming a product. If you have specific nutrition or dietary concerns or questions about a product, or for additional information, please consult the product's label and/or contact the manufacturer directly. Topline International Fine Foods assumes no liability for inaccuracies or misstatements about products. This includes all information on product weights, they are meant to be an approximate weight. Meat cutting is not an exact science, but we do have acceptable ranges above and below the approximate weight.

Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Topline International Fine Foods and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

 

Safe Handling Instructions

TopLine International Fine Foods guarantees all of the food that we deliver to your home. We can’t, however, guarantee how the food is handled after delivery. Because many of the products we provide are uncooked, they may contain bacteria that could cause illness if the product is mishandled or cooked improperly. Therefore, we provide you with these Safe Handling Instructions: Keep all food refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry. Cook all foods thoroughly. Customer assumes all risk for food that is cooked at or below an internal temperature of 165 degrees F as measured by use of a thermometer. Keep hot foods hot. Refrigerate leftovers immediately or discard.  

 

Quantity Limits and Dealer Sales

Topline International Fine Foods reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Topline International Fine Foods also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Topline International Fine Foods for the purpose of engaging in a commercial sale of that same product(s) with a third party.

 

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Topline International Fine Foods, one of its affiliates or by third parties who have licensed their materials to Topline Inernational Fine Foods and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Topline International Fine Foods and is also protected by U.S. and international copyright laws.

Topline International Fine Foods and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Topline International Fine Foods's or any third party's intellectual property rights.

 

User Feedback and Submissions

For all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Topline INternational FIne Foods on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Topline International Fine Foods a royalty-free, irrevocable, transferable right and license to use the Comments however Topline International Fine Foods desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

Topline International Fine Foods will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Topline International Fine Foods is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

You grant Topline International Fine Foods the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Topline International Fine Foods and its affiliates for all claims resulting from any Comments you submit. Topline International Fine Foods and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

Colors

We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

Indemnification

You agree to defend, indemnify and hold harmless Topline International Fine Foods and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

 

Termination

These Terms of Use are effective unless and until terminated by either you or Topline International Fine Foods. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Topline International Fine Foods also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Topline International Fine Foods's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Topline Inernational Fine Foods, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Site Security," "Pricing and Content Information," "Copyrights and Trademarks," "User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," "Privacy" and "General."

 

Disclaimer

THIS SITE IS PROVIDED BY TOPLINE INTERNATIONAL FINE FOODS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOPLINE ITNERNATIONAL FINE FOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOPLINE INTERNATIONAL FINE FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, TOPLINE INTERNATIONAL FINE FOODS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON THE SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. TOPLINE INTERNATIONAL FINE FOODS ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TOPLINE INTERNATIONAL FINE FOODS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TOPLINE INTERNATIONAL FINE FOODS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TOPLINE INTERNATIONAL FINE FOODS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

Privacy

You acknowledge that any personal information that you provide through this Site will be used by Topline International Fine Foods in accordance with Topline International Fine Foods's Privacy Policy.

 

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Topline International Fine Foods to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Topline International Fine Foods's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under Arizona law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of Arizona and you consent to the exclusive personal jurisdiction of such courts.



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