Terms of Service
PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) that you are of legal age to form a binding contract (you must consult your parent or legal guardian if you are under the age of majority and in no event may you be under the age of 13). IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, HUTCHINSON’S IS UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
Please familiarize yourself with the Terms, to understand how the Site operates, what you can expect from Hutchinson’s, and what Hutchinson’s expects from you. If there is anything that you do not understand, thenb please ask us, either by sending us a note at email@example.com or calling the customer service line at (603) 926-3033. Hutchinson’s may at any time modify the Terms, and your continued use of this Site will be conditioned upon your acceptance of the Terms and Conditions in force at the time of your use.
All content of the Site, including all text, images, graphics, logos and software is the property of Hutchinson’s or copyright owners who have granted Hutchinson’s permission to use copyrighted material, and is protected to the fullest extent under U.S. and international copyright laws. It is unlawful to reproduce, copy or distribute material from the Site without the prior written permission of Hutchinson’s.
TERMS AND CONDITIONS OF SALES
Products and Pricing: All candy products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Hutchinson’s reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Hutchinson’s shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, Hutchinson’s shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and Hutchinson’s cancels your order, then Hutchinson’s shall immediately issue a credit to your credit card account in the amount of the charge.
Orders: When you make an order, you are making an offer to purchase, and such offer is subject to Hutchinson’s acceptance. Your receipt of an order confirmation from Hutchinson’s does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Hutchinson’s reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. Hutchinson’s may require additional verifications or information before accepting any order. Your order is not accepted until Hutchinson’s sends you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if Hutchinson’s cancels all or a part of your order, then your sole and exclusive remedy is either that (a) Hutchinson’s will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) Hutchinson’s will not charge your credit card for the cancelled portion of the order.
Payment Terms: For each Product that you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order, the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Hutchinson’s shall bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. All payments are non-refundable except as expressly set forth herein.
Shipping Policy: Products will be shipped in accordance with the shipping method that you selected when placing the order. Any delivery dates provided by Hutchinson’s are estimates. Hutchinson’s will send you an email when your order has shipped and you may review your order and shipping information. Currently, we ship to the US only. Hutchinson’s reserves the right to charge an additional Fifteen Dollar ($15) shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with Hutchinson’s or otherwise. Accordingly, please be sure and review the shipping information that you submit very closely to ensure it is accurate.
Hutchinson’s works to ensure that all information on the Site is error-free and accurately communicated, but there is no way to guarantee such accuracy. The goal of all nutritional and labeling information on the Site is to keep you informed about our products, their manufacture and ingredients. FOR PEOPLE WITH FOOD ALLERGIES: While many of our products do not include nuts, all are produced in an environment where peanuts and tree nuts are processed.
DISCLAIMERS AND LIMITATION OF LIABILITY
ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HUTCHINSON’S DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUTCHINSON’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HUTCHINSON’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HUTCHINSON’S, ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND AFFILIATES (EACH A “COVERED PARTY“), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR (II) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND THE ACTIVITIES INCIDENTAL THERETO, OBTAINED THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL A COVERED PARTY LIABLE FOR ANY VIRUSES OR OTHER CIRCUMSTANCES THAT ARE BEYOND ITS CONTROL. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE site, OR WITH ANY OF THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE site. No Covered Party shall be responsible for any other person’s or entity’s failure to comply with the Terms, nor for any other person’s or entity’s failure to comply with applicable federal, state and local law.
CHOICE OF LAW AND DISPUTE RESOLUTION
These Terms shall be governed in all respects by the laws of the State of New Hampshire. In the event that a dispute arises between you and Hutchinson’s, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Any claim or controversy at law or equity that arises out of the Terms or Hutchinson’s services shall be resolved by binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established alternative dispute resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
EFFECTIVE DATE: August 1, 2016