Effective March 1, 1999; Revised June 11, 2000; Revised September 22, 2000, Revised February, 2002, Revised August 2003, Revised October 2008, Revised January 2009

Our policy in brief:
We respect your privacy and will never sell, rent, loan, or disclose specific information about you that could be used by a third party for their commercial gain.

We will not disclose your e-mail address to a third party without your permission. (See exception if you purchase at GermanDeli.com after linking to us from another site.*)

Following are details regarding our Privacy Policy:

Privacy Notice Table Of Contents:
    Our Commitment To Privacy
    The Information We Collect
    How We Use Information
    Privacy when linking to us from another site
    Privacy when linking from us to another site
    Our Commitment To Data Security
    Our Commitment To Children's Privacy
    How To Access Or Correct Your Information
    Third-Party Web Beacons
    How To Contact Us

Our Commitment To Privacy: Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect: This notice applies to all information collected or submitted on the GermanDeli.com website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

Name
Shipping & billing address
Email address
Phone number
Credit Card Information

On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:

Name
Address
Phone Number

We have contracted with Google inc. ("Google") to monitor certain pages of our Web site for the purpose of reporting web traffic, statistics, advertisement 'click-throughs', and/or other activities on our site. Where authorized by us, Google may use cookies, Web beacons, and/or other monitoring technologies to compile anonymous statistics on our Web site visitors. No personally identifiable data is collected by or transferred to Google. For more information about how the information collected by Google is used, please see Google's privacy policy at http://www.google.com/intl/en/privacy.html


The Way We Use Information: We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We offer electronic gift-certificates by which you can personalize a product you order for another person. Information you provide to us to create a electronic gift certificate is only used for that purpose, and it is only disclosed to the person receiving the gift.

We use return email addresses to answer the email we receive, notify customers of problems with their orders, send tracking information, and send periodic updates on specials and new product announcements. Such addresses are not used for any other purpose and are not shared with outside parties.

You may also register with our website if you would like to receive our updates on our new products and specials.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

*Privacy when linking to us from another site.
If you arrive at GermanDeli.com via a link from another site and make a purchase, be advised that if the linking site has an affiliate or associate arrangement which earns them commission for sales made from that direct link to our site, the information transmitted to the participating as part of the sales commission documentation includes:

- Name (as shown on the order form)
- E-mail address (as shown on the the order form)
- Total amount of the products purchased, excluding shipping, tax, etc.

No other information (address, types of products purchased, phone number, etc.) is disclosed.

Use of the captured information (name, e-mail address and total amount purchased) may be used for marketing purposes by the original site from which you linked to GermanDeli.com.
If you are concerned about how this information may be used, please refer to the privacy policy of the linking site or contact their customer service.

No information is provided to sites linking to GermanDeli.com that have no affiliate or associate agreement with GermanDeli.com.

Privacy when linking from us to another site

Our privacy commitments, policies and certifications apply only to GermanDeli.com. Once you leave GermanDeli.com from any link on our site, please be advised that you are subject to the practices and policies of the new site. Please refer to their posted privacy policies or, if not posted, contact the security manager or customer service of the new site to get details about their privacy policy.

Our Commitment To Data Security:
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment To Children's Privacy: Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How You Can Access Or Correct Your Information: You can access all your personally identifiable information collected and maintained by GermanDeli.com by requesting this information via regular mail to: Security Manager, GermanDeli.com, P.O. Box 92773, Southlake, TX 76092.

Your request should include your complete mailing address and a written signature, along with a photo copy of your state driver's license. We will send the information, certified mail and require your signature before the information is released to you. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Third-Party Web Beacons: We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo!, click here.

How To Contact Us:
Should you have other questions or concerns about these privacy policies, please call us at:
[toll free] 1-877-GERMANY
or
send us an email at Nicole@GermanDeli.com
or
write to:
GermanDeli.com
Attn: Security Manager
P.O. Box 92773
Southlake, TX 76092-0773
 

TERMS AND CONDITIONS OF USE

Access to this site, www.GermanDeli.com (the “Site”), is granted by ROI Marketing Systems d/b/a GermanDeli.com (“GermanDeli”), subject to the following terms and conditions.

1. Copyrights. All Site design, text, graphics, pictures, the selection and arrangement thereof, and all software (collectively, “Copyrighted Material”) are owned exclusively by GermanDeli. GermanDeli grants you a non-exclusive, revocable license to view, electronically copy and print portions of the Site for the sole purpose of placing an order with GermanDeli or using the Site as a shopping resource. Any other use of materials on the Site, including reproduction, modification, distribution, or republication, without the prior written permission of GermanDeli, is strictly prohibited.

2. Trademarks. GermanDeli.com, the GermanDeli.com design, It’s Not Just About the Food … It’s About the Memories, and all titles, graphics and icons on the Site (collectively, the “Trademarks”) are owned exclusively by GermanDeli. All unauthorized use of the Trademarks is strictly prohibited. All copying or imitation of the design and layout of the Site is strictly prohibited. All other trademarks, product names and company names or logos herein are the property of their respective owners.

3. Use. You may only access and use the Site for your own non-commercial, informational, and personal use. You are strictly prohibited from making any public or commercial use of the material contained on the Site, including without limitation all Copyrighted Material, Trademarks, and pricing information, without the written permission of GermanDeli.

4. Product Information. Although GermanDeli has attempted to provide accurate information on the Site as a service to its users, GermanDeli makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of any nutritional information or ingredient listings of products.

5. Links to Other Sites. As a convenience to GermanDeli users, the Site may contain links to web sites maintained by third parties. These web sites are not under the control of GermanDeli, and GermanDeli is not responsible for any material on, or privacy practices of, such web sites.

6. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED "AS IS," AND GERMANDELI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. GERMANDELI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, AND PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. No warranty is given that access to any information or materials on the Site, or this Site as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected. Further, no warranty is given that the Site or any information or materials are free from any virus or other malicious, destructive or corrupting code, agent, program, or macros. GermanDeli may change the programs or products mentioned at any time without notice. Mention of non-GermanDeli products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

7. Limitation of Liability. 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 ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND THE MATERIALS ACCESSIBLE ON OR FROM THE SITE, EVEN IF GERMANDELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. 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.

9. Applicable Laws. Export of any material from the GermanDeli Site outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. ANY CLAIMS RELATING TO THE MATERIALS OR THE SITE WILL BE GOVERNED BY TEXAS LAW, EXCLUDING ITS CONFLICTS OF LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE WITH GERMANDELI ARISING OUT OF YOUR USE OF THE SITE WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SITUATED IN THE STATE OF TEXAS, AND YOU HEREBY AGREE THAT SUCH VENUE IS APPROPRIATE.

10. Revisions to Terms and Conditions. GermanDeli may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If GermanDeli makes a request to you to stop using and/or to promptly return or destroy any copies of the materials displayed on the Site, you will comply immediately with this request and will confirm in writing to GermanDeli within ten (10) days that you have done so.

 

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.