Effective Date: August 29, 2017
You must be at least 18 years old to place an order through this website. If for any reason beyond our reasonable control we are unable to supply a particular item, we will contact you to arrange a replacement or, if necessary, cancellation. If circumstances make it infeasible for us to contact you, or if we otherwise cannot contact you for any reason, we will make arrangements for a refund. Although we will always try to fulfill your orders, we do not guarantee that all Products or the desired quantities will be available. We may, in our sole discretion, establish minimum and/or maximum quantity and/or price requirements for any order and minimum and/or maximum quantity and/or price requirements for any customer to receive free shipping on any order.
SHIPPING AND DELIVERY
Sigona’s only ships to the 48 contiguous states and the District of Columbia. Shipping and delivery dates are based on the availability of the Products you have ordered and the shipping options you choose. Shipping and delivery dates may depend on several factors, including, without limitation, the date and time you place your order, holiday schedules, weather, and other factors. We cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If there is a delay, we will do our best to expedite shipments, but we cannot guarantee that we will be able to resolve any delay.
Payment is required via credit card due at the time an order is placed. Payments are processed upon receipt of an order.
The actual price you pay will be the price shown to you at the time you place an order. We may change our prices at any time; any price changes are effective for orders received by us after posting of such changes. Notwithstanding the foregoing, we reserve the right to correct any pricing errors and charge you the correct price upon notice to and acceptance by you. If you do not accept, then we will issue a refund and cancellation.
You can return any Products purchased from us at any time for up to 14 days from the date of delivery for a full refund. All returns must be in their original, unopened packaging. You will be responsible for return shipping costs, unless you return Products as a result of our error (for example, if you receive an incorrect or defective item), in which event Sigona’s will pay the return shipping costs. Please contact Fruit For Thought by Sigona’s for return instructions. Once your return is received, you will receive a full refund within 5 business days.
LIMITED WARRANTY – EXCLUSIVE REMEDY
Your exclusive remedy and Sigona’s sole obligation and liability for any spoilage or damage of any Product, which has been so timely reported to Sigona’s, is for Sigona’s, at its option, to either replace such Product within a reasonable time with unspoiled or undamaged Product or to credit you for the amount paid for the spoiled or damaged Product. If you fail to timely report such spoilage or damage, Sigona’s will have no obligation or liability with respect to such spoiled or damaged Product.
Except for the above limited warranty which is exclusive, all Products are provided to you “AS IS”, and to the maximum extent permitted by law, Sigona’s disclaims all other warranties whether express, implied or statutory, including, without limitation, the implied Warranties of Merchantability and of Fitness for a Particular Purpose.
LIMITATION OF LIABILITY
You expressly understand and agree that, to the extent permitted by law, Sigona’s will not be liable for the cost of procurement of substitute goods and services and for any indirect, incidental, special, punitive or consequential damages of any kind or nature whatsoever, including but not limited to, damages for loss of profits, lost goodwill, loss of productivity or other intangible losses (even if we have been advised of the possibility of such damages).
In no event shall Sigona’s total liability for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise) exceed the amount paid by you, if any, for the applicable Product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law rules and principles. Any legal action against us must be commenced in federal and state courts in San Mateo County, California within one (1) year after the claim arose, or such action will be barred.
These purchase terms are the exclusive agreement between the parties relating to its subject matter, and they supersede all other agreements, understandings, and commitments between you and Sigona’s regarding the subject matter, whether oral or written. Sigona’s may modify these terms from time to time by our posting changes hereto on our website (which shall only be applicable to orders submitted after the effective date of the changes). No other modifications shall be permitted, except by written agreement of Sigona’s. We may assign our rights and obligations under this agreement.
SPECIAL NOTICE FOR CALIFORNIA CONSUMERS
Pursuant to California Civil Code Section 1789.3, users of an online ordering service are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.