Terms & Conditions
Terms of Service/User Agreement
Effective Date: October 16, 2014
PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY PURCHASE FROM DOORCOUNTYPANTRY.COM WILL CONSTITUTE ACCEPTANCE OF THE FOLLOWING TERMS.
Welcome to the doorcountypantry.com website (the “Website”), owned by DC Pantry, LLC, a Wisconsin limited liability company (“doorcountypantry.com”). These Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Website and the doorcountypantry.com Service (as defined below). Use of the Website constitutes your acceptance of and agreement to these TOS. You may not use the Website until you review and agree to these TOS.
DC Pantry, LLC reserves the right to add, delete and/or modify any of the terms and conditions contained in these TOS, at any time and in its sole discretion, by posting a new TOS on the Website. In the event of substantive changes to these TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the doorcountypantry.com Service. Your continued use of the doorcountypantry.com Website following posting of new Terms on the doorcountypantry.com Website will constitute binding acceptance of the changes.
The DoorCountyPantry.com Service
Doorcountypantry.com provides a number of Internet-based services and products through the Website (all such services, collectively, the “doorcountypantry.com Service”). The doorcountypantry.com Services include, but are not limited to retail purchase of products created from Door County based recipes (collectively, “Products”). doorcountypantry.com may offer other services on its Website, including without limitation, message boards, blogs, contests, and newsletters, which may change from time to time.
Use of the WebSite and DoorCountyPantry.com Service
2.1 Eligibility. In order to use the doorcountypantry.com Services, you must be of sufficient age that you can lawfully enter into and form contracts. If you are under the age of 18, but at least 13 years of age, you may use the doorcountypantry.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The doorcountypantry.com Service is not intended for children under the age of 13 and may not be used by children under the age of 13.
2.2 Compliance with Terms and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the doorcountypantry.com Service and the Website.
2.3 Electronic Communications. Visiting doorcountypantry.com or sending emails to Door County Pantry 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.
2.4 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 Door County Pantry is not responsible for third party access to your account that results from theft or misappropriation of your account. Door County Pantry and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
2.5 Your License to Use the Web Site and the doorcountypantry.com Service.
(a) doorcountypantry.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the doorcountypantry.com Service and Website, except as expressly provided for in these TOS. For example and without limitation, doorcountypantry.com owns the trademarks “Door County Pantry” and “DOORCOUNTYPANTRY.COM”, the copyrights in and to the Website, and certain technology used in providing the doorcountypantry.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise to any intellectual property owned by doorcountypantry.com.
(b) doorcountypantry.com grants you a personal, nonexclusive, limited revocable license to access and use the Website and the doorcountypantry.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by doorcountypantry.com; to compete with doorcountypantry.com; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach these TOS, doorcountypantry.com may revoke the license granted to you.
3.1 Prohibited Use. You may only use the doorcountypantry.com Service as expressly permitted by doorcountypantry.com. You may not cause harm to the Website or the doorcountypantry.com Service. Specifically, but not by way of limitation, you may not:
interfere with the doorcountypantry.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the doorcountypantry.com Service; use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology; collect or attempt to collect electronic mail addresses or other information from third parties by using the doorcountypantry.com Service; impersonate another person or entity; use any meta tags, search terms, key terms, or the like that contain doorcountypantry.com’s name or trademarks; engage in any activity that interferes with another user’s ability to use or enjoy the doorcountypantry.com Service; or
assist or encourage any third party in engaging in any activity prohibited by these TOS.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with our Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
Reservation of Rights
4.1 Monitoring. doorcountypantry.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If doorcountypantry.com determines, in its sole and absolute discretion, that you or another doorcountypantry.com user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, doorcountypantry.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2 Modification of the Service. doorcountypantry.com reserves the right to modify the organization, structure or “look and feel” of the doorcountypantry.com Service or the Website, and may change, suspend, or discontinue any aspect of the doorcountypantry.com Service at any time without any liability to you or any third party. doorcountypantry.com shall have complete discretion over the features, functions, prices and other terms and conditions on which the doorcountypantry.com Service is offered to doorcountypantry.com users.
Representations and Warranties
5.1 Mutual Representations and Warranties. You represent and warrant to doorcountypantry.com and doorcountypantry.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS is a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with its terms and conditions.
5.2 By You. You represent and warrant to doorcountypantry.com that, in your use of the doorcountypantry.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to doorcountypantry.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) doorcountypantry.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that doorcountypantry.com incurs in providing the doorcountypantry.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. DOORCOUNTYPANTRY.COM PROVIDES THE WEBSITE AND DOORCOUNTYPANTRY.COM SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DOORCOUNTYPANTRY.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, DOORCOUNTYPANTRY.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. DOORCOUNTYPANTRY.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
THE PRODUCTS AND SERVICES AVAILABLE THROUGH DOORCOUNTYPANTRY.COM ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORCOUNTYPANTRY.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability.
EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF DOOR COUNTY PANTRY EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO DOOR COUNTY PANTRY DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.00
You agree to indemnify and hold doorcountypantry.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of these TOS through any act or omission. If you have to indemnify doorcountypantry.com under this Section, doorcountypantry.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without doorcountypantry.com’s express written permission.
9.1 Termination. In its sole discretion, with or without notice to you, doorcountypantry.com may: (i) suspend, limit your access to or terminate your use of the Website and/or the doorcountypantry.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from doorcountypantry.com’s servers and directories and (iv) prohibit you from using the doorcountypantry.com Service and/or the Website.
9.2 Survival. Notwithstanding Section 9.1 above, these TOS will survive indefinitely unless and until doorcountypantry.com chooses to terminate these TOS.
9.3 Effect of Termination. If you or doorcountypantry.com terminates your use of the Website or the doorcountypantry.com Service, doorcountypantry.com may delete any Content or other materials relating to your use of the doorcountypantry.com Service on doorcountypantry.com’s servers or otherwise in its possession and doorcountypantry.com will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, certified and return receipt requested or (ii) electronic mail. If you give notice to doorcountypantry.com, you must use the following addresses:
Door County Pantry
7778 State Highway 42
Egg Harbor, WI 54209
If Door County Pantry provides notice to you, Door County Pantry will use the contact information provided by you to doorcountypantry.com. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the doorcountypantry.com Service will be exclusively resolved in accordance with Wisconsin law (without regard for conflicts of law principles). Any action brought under these TOS must be brought in a state court located in Door County, Wisconsin. Each party hereby irrevocably submits to the personal jurisdiction of the Wisconsin State courts in Door County. Notwithstanding anything to the contrary in this Section 11, Door County Pantry may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Wisconsin without reference to conflict of law principles. These TOS are not assignable or transferable by you without the prior written consent of Door County Pantry. These TOS (including all of the policies and other Agreements described in these TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Door County Pantry are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
Online Ordering Policy
Products purchased from DC Pantry, LLC (Door County Pantry) may only be shipped for delivery within the U.S., including Alaska, Hawaii, District of Columbia and Puerto Rico. We are unable to ship internationally.
All products are subject to availability. In the event that we are out of stock, you will be notified by the next business day. We reserve the right to limit the quantity of products we supply; to supply only part of an order; or to divide an order into multiple shipments to expedite delivery. We also reserve the right to change the terms or duration of any special offers or sales promotions.
Door County Pantry accepts the following forms of payment for online purchases:
- Pay Pal
- American Express
Door County Pantry will only accept credit or debit cards issued in the United States. Upon online approval of your credit card, your order will be processed and your credit card will be charged. All taxes, if any, due on your online transaction will be charged as required by applicable laws. All taxes are calculated and included in the final price on the Order Review Page.
Shipping and Delivery
All Door County Pantry Timepieces will ship via UPS Ground service. We are unable to ship to U.S. Post Office Box , APO or FPO addresses. Door County Pantry does not charge for Ground shipping. If you wish to expedite your order, the following charges will apply:
- Two-Day shipping: TBD
- Overnight shipping: TBD
All orders, including expedited orders, will be shipped from our facility within 2 business days. UPS Ground transit times vary by state. Orders placed on Friday after 12:00 p.m. Pacific Time, Saturday and Sunday will begin processing on Monday. Orders placed on an official holiday will begin processing the following business day.
As soon as your purchase ships, we will email you a shipping confirmation which will allow you to track the status of your shipment online.
If you are not completely satisfied with your purchase when it arrives, if there is a discrepancy in your order, or if you encounter any problems with your watch, please retain all packaging and documentation and contact us immediately at firstname.lastname@example.org or call to speak to a Customer Relations Representative at 920-724-1122 from 8 AM to 5 PM Central Time Monday through Friday.
If you wish to cancel your order, please send an email as soon as possible to email@example.com or call us toll free at 920-724-1122 from 8 AM to 5 PM Central Time Monday through Friday. We will try to accommodate your request, but once an order has been submitted we cannot guarantee the purchase can be cancelled.
Door County Pantry Product Online Return Policy
Door County Pantry offers a 30 day money back guarantee. Returns can only be accepted within 30 days of shipping date for unopened Products purchased through the Door County Pantry Online Store and a Return Authorization is required for all returns/exchanges. You may obtain a Return Authorization by contacting Customer Relations at 920-724-1122 from 8 AM to 5 PM Central Time Monday through Friday, excluding holidays. Refunds will be issued to the purchaser in the same form of payment used for the original sales transaction. Credits cannot be issued until the Products being returned or exchanged is received. Door County Pantry will not accept the return of any Product which shows any signs of tampering, opening or is otherwise unavailable for immediate resale.
For product or online order related inquiries, please contact us via email at firstname.lastname@example.org or call to speak to a Customer Relations Representative at 920-724-1122 from 8 AM to 5 PM Central Time Monday through Friday, excluding holidays.