Terms of Sale
Zitner’s Fine Confections, Inc. (“Zitner’s”) have implemented these Terms of Sale (“Terms”), which apply to all purchasers of Zitner’s products (“Product(s)”) from Zitner’s, including through this website. By purchasing Products from Zitner’s, you agree to adhere to the following terms. These terms shall apply unless Zitner’s has presented you with alternate terms that have been accepted by you.
1. No Resale
The Products purchased will be for personal use or as gifts and not for resale.
None of the Products purchased will be displayed, advertised or sold in conjunction with any retail or wholesale outlet, business, store, or online order site.
2. Orders and Products
Orders for Products (“Purchase Orders”) made by you shall be handled pursuant to Zitner’s then-current product order, shipment, and return procedures, which may be amended by Zitner’s at any time.
Zitner’s reserves the right to reject any Purchase Order, in whole or in part, for any reason.
Zitner’s reserves the right, at any time in its sole and absolute discretion and without any obligation, liability, or advance notice to you to discontinue the sale of or limit the production of any Product, to terminate or limit deliveries of any Product, to alter the design or composition of any Product, and to add new Products to or delete existing Products from its product lines. Any proposal from you that includes different or additional terms that vary from the Terms is objected to and disallowed. Notwithstanding the foregoing, any such counterproposals by you shall not operate as a rejection of these Terms, but as a rejection of the additional or different term(s).
You shall pay the costs of delivery of the products.
You shall pay all sales, use, excise or similar taxes, or other charges, which you are required to pay, or to collect and remit, to any government (national, state, or local) and which are imposed on or measured by the sale.
The risk of loss, including, but not limited to the risk of loss, theft, damage or destruction of the Products, transfers to you upon Zitner’s placing the Products ordered in the care of you or a commercially reputable shipping carrier.
You shall use only truthful and accurate information to place your order, and you will maintain the accuracy of such information.
3. Limitation of Liability; No Warranty
ZITNER’S SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS. ZITNER’S MAKES NO REPRESENTATION OR WARRANTY TO YOU OF ANY NATURE OR KIND REGARDING THE PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ZITNER’S DISCLAIMS ALL WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. ZITNER’S SOLE OBLIGATION AND LIABILITY TO YOU SHALL BE IN ACCORDANCE WITH ANY THEN-CURRENT SATISFACTION GUARANTEE POLICY. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY HOWEVER THE LOSS OR DAMAGE IS CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, BREACH OF CONTRACT, DELAY OF PERFORMANCE, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, WHETHER OR NOT SUCH LOSS WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Zitner’s reserves the right to update, amend, or modify the Terms at any time. Zitner’s shall not be deemed to be in breach hereof or liable to you in any manner on account of any delay in delivery or other performance caused in whole or in part by, or otherwise materially related to, the occurrence of any contingency beyond Zitner’s control. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid. The Terms and any dispute arising under them shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law rules. In the event of a dispute over the terms or performance under the Terms, you expressly submit to personal jurisdiction and venue in the federal or state courts in Pennsylvania.
Zitner’s Fine Confections Inc. is happy to provide this website (this “Site”) for your personal use. We hope that you will find it to be helpful and informative. By using this Site, you agree to the terms and conditions provided below.
Use of Site and Site Material
This Site is provided for your personal and noncommercial use. You may not copy material from this Site for commercial use. You may copy material in limited quantities from this Site for your personal non-commercial use provided that our copyright notice is affixed to the copied material. Zitner’s Fine Confections Inc. reserves the right to terminate at any time your permission to make personal copies of material from this Site.
You are prohibited from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct. Zitner’s Fine Confections Inc. may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material the company deems inappropriate. Zitner’s Fine Confections Inc. is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Site.
Your use of this Site and material from this Site is at your own risk.
Zitner’s Fine Confections Inc. strives to provide accurate and up-to-date material on this Site. However, Zitner’s Fine Confections Inc. makes no warranties or representations as to the accuracy or timeliness of the material provided on this Site. Zitner’s Fine Confections Inc. assumes no liability or responsibility for any errors or omissions on this Site.
Neither Zitner’s Fine Confections Inc., any of its agents, nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site or any material from this Site. Without limiting the foregoing, this Site and the material provided on this Site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so this statement may not apply to you.
Zitner’s Fine Confections Inc. assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this Site or any materials provided on this Site.
Zitner’s Fine Confections Inc. has not reviewed any or all of the sites linked to this Site and is not responsible for any sites linked to this Site. Your linking to any sites from this Site is at your own risk. By linking to a site or permitting a link to this Site, Zitner’s Fine Confections Inc. does not endorse the site operator or the content of the linked site and is not responsible for the policies associated with such sites.
Zitner’s Fine Confections Inc. encourages user participation on this Site. However, Zitner’s Fine Confections Inc. reserves the right to not post user content or remove user content that is inappropriate.
This includes materials that:
- Contain obscenities, discriminatory language, or other languages not suitable for a public forum
- Include Advertisements, “spam” content, or references to other companies, offers, or websites
- May be fraudulent, deceptive, or misleading
- Violate copyright, trademark, or other intellectual property rights of another
- Violate any law or regulation
- Is Offensive or otherwise unacceptable to Zitner’s Fine Confections Inc.
By submitting any content to this Site, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights in the content;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate, or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers;
- that contains any computer viruses, worms, or other potentially damaging computer programs or files.
You further agree that:
- For any content that you submit, you grant Zitner’s Fine Confections Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content for any purpose (including for commercial or marketing purposes) and into any form, medium or technology throughout the world without compensation to you.
- All content that you submit may be used at Zitner’s Fine Confection’s sole discretion.
Any dispute arising out of your use of this Site or material from this Site shall be resolved according to the laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the Commonwealth of Pennsylvania shall have exclusive jurisdiction over all claims.
Severed Provisions and Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between the parties relating to the subject matter.
Zitner’s Fine Confections Inc. may modify these terms and conditions at any time and without notice.