Terms of Sale
Last modified as of June 26, 2011
Unless we indicate otherwise, these Terms of Sale apply to your purchases from the websites which are owned or operated by Dan’s Plan ("DansPlan.com") and our affiliates (collectively, "we," "us," or "our"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website"). For purposes of these Terms of Sale, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, DansPlan.com, including, without limitation, Dan’s Plan and its current or future subsidiaries.
By accepting delivery of the products, you agree to be bound by and accept these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in our sole discretion.
1. Other Documents. These Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and us.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products will be made by credit card or some other prearranged payment method. Orders are not binding upon us until we have accepted the order.
4. Shipping Charges; Taxes. We may charge shipping for some or all orders. When placing an order in the shopping cart portion of DansPlan.com, separate charges for shipping and handling will be shown, if applicable. Shipping cost is calculated on a "per pound" basis and is based on the shipping method you select. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales tax associated with the order. If applicable, when placing an order in the shopping cart portion of DansPlan.com, a separate charge for taxes will be shown.
5. Shipping Policy. All orders placed on DansPlan.com are subject to product availability and will be shipped according to our shipping policy. We may use a fulfillment partner to handle product storage and shipment. We or our fulfillment partner will attempt to ship all orders as soon as possible. Most orders will be shipped within 3 business days. Orders over $150 qualify for free shipping. We will ship these orders via UPS Ground. If you choose, you may pay for expedited shipping.
6. Warranties, Disclaimers. DANSPLAN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms of Sale, you agree to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Return Policies. You can return non-food merchandise to us within 30 days and if the merchandise meets the return criteria, you will receive a credit for your purchase. Consumable food items are non-returnable. If you receive a food product that is defective or damaged, please email us at firstname.lastname@example.org to arrange a replacement. If you receive a food product with damaged packaging, we will not replace it unless the food product is also damaged.
9. Backorders. It is our goal to keep every product fully stocked. If you place an order and one or more items are out of stock, we will contact you and let you know how we will fill your order. We may send part of the order immediately and send the remaining items when they are back in stock. We may wait to send the order until all products are included in the shipment. We may decide to cancel your order until we have all items in stock.
10. Products. We are constantly updating and revising the product we sell on DansPlan.com. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
11. Product Information. As a service to you, we may include information on the services, merchandise, and other products on this website, including, but not limited to, product descriptions, nutritional information, ingredient lists, customer reviews, and other information. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content related to the products we sell on DansPlan.com are accurate, complete, reliable, current, or error-free. You agree to refer to actual legends displayed on the products themselves or perform your own research for confirmation. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
12. Limitation of Liability. DANSPLAN.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. DANSPLAN.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
13. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort, and equitable claims) against DansPlan.com, its agents, employees, successors, assigns, or affiliates (collectively for purposes of this paragraph, " DansPlan.com ") arising from or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), DansPlan.com's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and us. The arbitration shall be held in San Francisco County, California at a location identified by us, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
14. Applicable Law; Not For Resale. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represents that you are buying product for your own use only, and not for resale.
15. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
16. Acceptance. By ordering any product from DansPlan.com, whether by clicking through over the internet, telephone, facsimile, or otherwise, you agree to be bound by these Terms of Sale, as well as the other terms contained elsewhere in DansPlan.com.
Last modified as of June 26, 2011