This Web site is operated by DEAN & DELUCA. All inquiries may be directed to:
DEAN & DELUCA
Customer Service Department
2402 E. 37th St. N.
Wichita, KS 67219
Your use of this Web site is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the deandeluca.com Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the deandeluca.com Web site.
THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR YOUR PURCHASE OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
THESE TERMS AND CONDITIONS MAY CHANGE
DEAN & DELUCA reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the deandeluca.com Web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this Web site.
USE OF WEB SITE
The deandeluca.com Web site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving DEAN & DELUCA’s goods and services and/or to otherwise transact business with or contact DEAN & DELUCA, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.
All of the content you see on this Web site, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the "Content") is the exclusive property of DEAN & DELUCA and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by DEAN & DELUCA, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to DEAN & DELUCA. The entire Content of the deandeluca.com Web site is copyrighted as a collective work under U.S. and other applicable copyright laws, and DEAN & DELUCA owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the deandeluca.com Web site, and the Web site as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to DEAN & DELUCA. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. DEAN & DELUCA reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of DEAN & DELUCA.
DEAN & DELUCA® and DEANDELUCA.COM® are registered trademarks of DEAN & DELUCA. All other DEAN & DELUCA trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Web site are the property of DEAN & DELUCA. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of DEAN & DELUCA or any third party without permission from the owner. All rights are reserved. All other trademarks, product and company names, and logos appearing on www.deandeluca.comare the property of their respective owners.
We welcome your comments regarding the deandeluca.com Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to deandeluca.com shall be and remain the exclusive property of DEAN & DELUCA. Your submission of any such Comments hereby constitutes an assignment to DEAN & DELUCA of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. DEAN & DELUCA will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
HYPERLINKS TO OTHER WEBSITES
To the extent our Web site contains hyperlinks to outside services and resources, the availability and content of which DEAN & DELUCA does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
The deandeluca.com gift message services available to our customers are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in deandeluca.com gift messages include, but are not limited to:
The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or DEAN & DELUCA rule or policy. The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. The impersonation of any person or entity in any part of a gift message. The transmission of any content that would violate the intellectual property rights of any other person or entity. DEAN & DELUCA reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other DEAN & DELUCA customers, or to any other person or entity.
We have done our best to display as accurately as possible the colors of the products shown on this Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Most products displayed on this site are available in select DEAN & DELUCA stores. In some cases, merchandise displayed for sale on this site may not be available at DEAN & DELUCA stores.
PRODUCT PRICING INFORMATION
The prices displayed on our Web site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States. You are responsible for paying all applicable sales or use taxes which may be levied by your state. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price.
THIS WEB SITE AND ALL CONTENTS OF THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DEAN & DELUCA’S AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO DEAN & DELUCA FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. DEAN & DELUCA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF DEAN & DELUCA ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE.
IN NEW JERSEY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF DEAN & DELUCA ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE.
From time to time, there may be information on our Web site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. DEAN & DELUCA reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
a. Mandatory Binding Arbitration. The parties to these terms and conditions agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, the Web site or these terms and conditions. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in the State of New York, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these terms and conditions (despite any other choice of law provision).
Arbitration under these terms and conditions shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA's Consumer Arbitration Rules will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address:
DEAN & DELUCA
Attn: Legal Department
2402 E. 37th St. N.
Wichita, KS 67219
b. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
c. Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator's decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules.