CONDITIONS OF SALE

PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS SECTION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN GERMANDELI AND YOU (THE "CUSTOMER") FOR THE SALE OF PRODUCTS BY GERMANDELI TO YOU. BY ORDERING PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. Products. GermanDeli may revise or discontinue products at any time. GermanDeli will ship products that have the same qualities and characteristics of the products ordered, but changes between what is shipped and what is described on the Site are possible, and GermanDeli reserves the right to substitute with an equivalent or better product. GermanDeli reserves the right, without prior notification and in its sole discretion, to limit the order quantity on any item and/or refuse service to anyone.

2. Orders; Payment; No Resale. Orders are subject to acceptance by GermanDeli. Payment must be received by GermanDeli prior to GermanDeli's acceptance of an order and must be made by credit card or other prearranged payment method. Customer will pay interest on all past-due sums at the highest rate allowed by law.

3. Taxes. Customer is responsible for all applicable taxes that may be levied on the sale of GermanDeli products, including without limitation, duties, customs, sales, and withholding taxes. Customer is not responsible for GermanDeli’s franchise taxes or taxes on GermanDeli’s income. If applicable, a separate charge for taxes will be shown on Customer’s invoice.

4. Shipping. Customer is responsible for all shipping and handling charges. A separate charge for shipping and handling will be shown on Customer’s invoice. GermanDeli will provide a refund for damaged items in accordance with its refund policies.

5. Exchanges. From time to time, GermanDeli may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with GermanDeli’s exchange policies in effect on the date of the exchange.

6. Returns. In the event of a problem with a product, GermanDeli will use reasonable efforts to correct the problem in accordance with GermanDeli’s satisfaction policy.

7. Limited Warranties. GERMANDELI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability. EXCEPT FOR PERSONAL INJURY OR DEATH, GERMANDELI'S TOTAL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, IS LIMITED TO THE PRICE YOU ACTUALLY PAID TO GERMANDELI FOR THE PRODUCTS GERMANDELI SOLD TO YOU WHICH FORM THE BASIS OF YOUR CLAIM. TO THE FULLEST EXTENT ALLOWED BY LAW, GERMANDELI EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, EVEN IF GERMANDELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.

10. Governing Law. THIS CONTRACT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (EXCEPT AS PERTAINING TO CONFLICTS OF LAW). THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE FEDERAL AND/OR STATE COURTS LOCATED IN TARRANT COUNTY, TEXAS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS CONTRACT.

11. General Legal Provisions. Customer will comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire contract between GermanDeli and Customer. Any modifications of this contract must be in writing and signed by both parties. The waiver by one party of any default of the other party will not waive subsequent defaults of the same or different kind. Neither party will be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its control.