By (a) accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by or on behalf of Rastelli Foods DTC, LLC, its owner related entities or other affiliates (collectively, “Rastelli’s,” “we,” “us” or “our”), You agree to be bound by the following Terms, in their entirety, when you: (1) Use, access, or visit the Sites; (2) Purchase or receive food, and any good or service offered through the Sites including, but not limited to, Rastelli’s Subscription Service as defined in Section 5.1 (“Products”); (3) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Sites (“Content”); (4) access links to or view Rastelli’s social media pages or accounts on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”); (5) Purchase, redeem, or sign up to receive or send Rastelli Food gift cards, gift certificates and vouchers (including, for the purposes of these Terms, electronic versions of each).
PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTION 5.2 DETAILING THE AUTO-RENEWAL SUBSCRIPTION LANGUAGE AND SECTION 22 RELATED TO DISPUTES AND ARBITRATION. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OF OTHERWISE USE THE SITES OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITES.
YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.
We continually test new functionalities, services, options, initiatives, user interfaces, products and other features that we are considering developing, adding or incorporating into our Sites or Products (collectively, "Test Features"). We reserve the right, in our sole discretion, to include or exclude you, from these tests without notice and to discontinue or to modify any Test Feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law.
Rastelli’s reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
1. Information About Us
Rastelli Foods DTC, LLC is a limited liability corporation incorporated in the State of Delaware with an address at:
Rastelli Foods DTC, LLC
1 South Broad Street, 11th Floor
Philadelphia, PA 19107
2. Service Availability and Your Status
The Sites, Services and Products are intended for use by individuals in the United States of America. At this time, we do not accept orders from individuals outside the United States of America. As such, by placing an order through the Sites, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old; (3) Are a resident of the United States of America; and (4) Are accessing the Site from a jurisdiction governed by the United States of America.
3. Use of the Sites/Comments and Feedback
All Content on the Sites are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) don not remove all copyright, trademark or other proprietary designations contained in the Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of the Sites. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or the Sites without first obtaining written permission from Rastelli’s.
Rastelli’s may terminate, change, suspend or discontinue any aspect of the Sites, including the availability of any features of the Sites, at any time and without notice. Rastelli’s also reserves the right to block or deny access to the Sites to anyone at any time for any reason.
All comments, feedback, reviews, ratings, testimonials, feedback, images, suggestions, ideas, and other submissions disclosed, submitted or offered to Rastelli’s by you, on the Sites, Social Media, or otherwise disclosed, submitted or offered to Rastelli’s (collectively, "Comments") shall be and remain Rastelli’s' property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Rastelli’s of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. Rastelli’s is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Rastelli’s will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
To access and use certain areas or features of the Sites or obtain a Subscription, you will need to register for a Rastelli’s account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. You further understand and agree that Rastelli’s may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
By creating a Rastelli’s account, you also consent to receive electronic communications from Rastelli’s (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your phone number (including mobile), to us through the Sites or in connection with your order, receipt or use of our Product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of Rastelli’s, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of our Product. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Rastelli’s processes your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL CANCELLED/TERMINATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED,SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE CANCELLATION NOTICE PERIOD, AS DEFINED IN SECTION 15. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
FURTHERMORE, FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE THAT YOU HAVE AGREED TO. YOU CAN LOG ON TO YOUR ACCOUNT TO CANCEL YOUR SUBSCRIPTION OR EMAIL HELP@RASTELLIS.COM AND WE WILL DO IT FOR YOU. FULL DETAILS FOR CANCELLATION PROCEDURES ARE IN SECTION 15 OF THESE TERMS. IF YOU CANCEL, YOUR SUBSCRIPTION WILL NOT BE RENEWED AND YOU WILL NOT RECEIVE ANY FURTHER SHIPMENTS. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.
All prices on our Sites are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Rastelli’s will confirm the price of items selected after you place your order. While Rastelli’s strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Photos are exemplary of product advertised and may reflect foods that are cooked or processed. Rastelli’s products are shipped uncooked. Rastelli’s reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Rastelli’s shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Rastelli’s will issue a refund to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.
Prices and availability of products offered by Rastelli’s are subject to change. In the event of an update to the price of your Subscription, we make reasonable efforts to inform you so you may cancel or change your Subscription.
Unless otherwise noted, prices do not include shipping costs or applicable taxes.
We will collect applicable sales, use and other taxes (collectively, "Tax") on Shipments made to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase.
Different features and other customized options may become available in addition to your Subscription, including, but not limited to, premium options, new product add-ons, and modified shipping options. These may change the price of your plan on a recurring basis. Should you have any questions about any of the options available under your Subscription, please email help@Rastellis.com or call (240) 541-5796.
8. Third Party Purchases
From time to time, certain of our Services may be offered through a Third Party Channel or we may offer links from out Sites to Third-Party products (each, a "Third Party Purchase"). Your use of or interaction with any Third Party Channel are solely between you and the third party. Rastelli’s does not control or endorse, and makes no representations or warranties regarding, any Third Party Channel. Third Party Channels may impose their own terms, policies or processes ("Third Party Terms"), separate from these Terms, and you should carefully review those Third Party Terms. Your access to and use of such Third Party Channels and your acceptance of Third Party Terms is at your own risk.
9. Payment Confirmation
After you place an order at the Sites using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Rastelli’s reserves the right at any time after receipt of your order to accept or decline your order for any reason.
10. Gift Cards/Promotions/Vouchers
10.1 Gift Cards. You may purchase and/or otherwise receive Gift Cards through the Sites. You must create or have an existing and valid account with Rastelli’s in order to redeem a Gift Card. All accounts are subject to the Terms in all respects. Rastelli’s Gift Cards may be redeemed on the Sites. Redemption of Gift Cards will result in the application of a credit to your account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of Rastelli’s Services until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. Rastelli’s is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable.
10.2 Promotions. From time-to-time, Rastelli’s offers Promotions by and through the Sites or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Contest Rules applicable to each Promotion, end-users can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. Each end-user understands and agrees that Rastelli’s shall not be liable to such end-user or any third party for any claim in connection with that end-user’s participation in any of the Promotions.
10.3 Vouchers. We may offer other types of price vouchers (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.
Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher is allowed to be applied per order.
We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
Vouchers may only be redeemed through the Sites and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
We reserve the right to exclude the use of voucher codes on specific products.
11. Our Money Back Guarantee
Rastelli’s stands behind its products and service. Our customers come first.
If you have any problem with our products or service, call us at (240) 541-5796 or email us at firstname.lastname@example.org and we’ll make it right.
We reserve the right to limit refunds and replacements. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.
12. Order Limitations
While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we are shipping perishable goods we cannot guarantee the condition of the package if our delivery service has to reroute the Shipment. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.
Rastelli’s may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Rastelli’s Sites account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.
13.1 Timing. Rastelli’s will ship each Tuesday of the week with delivery being within three (3) days. Please note that the specific days in which a Shipment can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Service at help@Rastellis.com or call (240) 541-5796.
While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we are shipping perishable goods we cannot guarantee the condition of the package if our delivery service has to reroute the Shipment. We ensure delivery only to the addresses we are provided; which are confirmed on the order acknowledgement. We will provide you a tracking number so you are able to track your shipment.
13.2 Inspection. You are responsible for inspecting all Shipments for any damage or other issues upon delivery. If you have any other reason to believe that any of the Products in your delivery or purchase are not suitable for consumption, contact us at help@Rastellis.com or call (240) 541-5796 and discard the item.
We advise that you check the internal temperature of all meat, poultry, and fish with a thermometer upon delivery. If the internal temperature is above 40 degrees Fahrenheit, you should discard the item and contact us to request a refund.
To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety found here - USDA instructions on refrigeration and food safety - opens in new tab. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here - USDA's recommendations on food consumption for at-risk groups - opens in new tab.
Shipments are packaged with dry ice and will typically remain cold for several hours, depending on the season and temperature in your geographic area at the time of delivery. DO NOT DIRECTLY HANDLE DRY ICE PACKS UNTIL THEY HAVE EVAPORATED. LET THEM EVAPORATE IN A WELL-VENTILATED AREA BEFORE DISPOSAL.
13.3 Delivery Instructions. If you are not at home when your Shipment arrives, the courier will generally leave the package for you at your door or common area, unless other delivery instructions have been communicated by you to us. The risk of loss and/or damage passes to you at the time of delivery.
If you would prefer that someone have to sign for the delivery, please let us know the specific instructions. In such cases, if you, your neighbor, or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard re-delivery fee shall apply). If we are unable to reschedule the order for any reason, the order will be canceled and you will be charged the applicable fee for the order and the redelivery fee.
Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the Shipment under all of the same terms that would apply had you accepted the delivery yourself.
In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery.
14. Force Majeure
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
15. Cancelation/Termination of Subscription
To cancel your Subscription, please visit the “My Rastelli’s” section of the Sites and follow the links to cancel, or call Rastelli’s Customer Service at (240) 541-5796 or email help@Rastellis.com stating that you wish to terminate your account, along with your full name and registered email address. If you cancel less than three (3) days before your next shipment, Rastelli’s will not be able to hold that shipment and you will be charged, but that shipment will be your last.
Rastelli’s may, in its sole discretion, terminate your Subscription or your use of the Sites at any time. You are personally liable for any charges that you incur prior to termination.
16. Copyrights and Trademarks
“Rastelli’s,” as well as related product and service names, design marks and slogans, are registered trademarks of Rastelli Foods Group, Inc. and may not be used without permission. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by Rastelli’s, one of its affiliates, or by third parties who have licensed their intellectual property to Rastelli’s and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of the Sites. Rastelli’s, its owner related entities, affiliates and licensors expressly reserve all intellectual property rights in all Content. Rastelli’s has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords may constitute trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute unfair competition.
17. Prohibited Uses
Tampering with the Sites, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Sites are prohibited. Violations of system or network security may result in civil or criminal liability. Rastelli’s will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "mailbombing," or "crashing," or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
18. Privacy and Your Information
You agree to defend, indemnify and hold harmless Rastelli’s, nor its affiliates, owner related entities, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, predecessors in interest, successors, assigns, or the like (collectively, "Associates"), from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Sites, the Products or the Service, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Rastelli’s of any third-party claims, cooperate with Rastelli’s in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Rastelli’s.
THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER RASTELLI’S NOR ITS ASSOCIATES WARRANT THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER RASTELLI’S, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITES. FURTHER, RASTELLI’S MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF THE FOODS CONTAINED IN THE SHIPMENTS. AS SUCH, ALL FOODS CONTAINED IN A SHIPMENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
WE HAVE MADE EVERY EFFORT TO DISPLAY THE FOOD, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL FOOD AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE SITES DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE FOOD AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL FOOD AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE SITES MAY CONTAIN INFORMATION ON FOOD, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A FOOD, SERVICE, OR PRODUCT ON THE SITES DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AS DSIPLAYED. THE SITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT OR REFUND.
21. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RASTELLI’S OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES); OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO,ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM RASTELLI’S OR FROM EVENTS BEYOND RASTELLI’S’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS,BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE RASTELLI FOOD PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH RASTELLI’S PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RASTELLI’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE RASTELLI’S SITES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF RASTELLI’S SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NEW JERSEY, FOR EXAMPLE, RASTELLI’S’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM LIMITATION AVAILABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, THE NEW JERSEY PRODUCT LIABILITY ACT, THE NEW JERSEY CONSUMER FRAUD ACT, TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT, AND OTHER RELEVANT LAWS OR REQUIREMENTS.
THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORSEEABLE.
22. Disputes and Arbitration
We hope to make you a happy and satisfied customer, but if there is a dispute that needs to be resolved, this section outlines what is expected of both of us.
22.1. You Agree to Provide Rastelli’s an Opportunity Informally to Resolve Your Dispute. Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against Rastelli’s or its Associates for any claims, including claims related in any way to Rastelli’s products, these Terms, billing, privacy, advertising, or Rastelli’s or its Associates' communications with you, you must first send a written description of your claim to: Rastelli Foods DTC, LLC, 1 South Broad Street, 11th Floor, Philadelphia, PA 19017, Attention: Legal and you must allow Rastelli’s a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and Rastelli’s agree to negotiate in good faith with each other to try to resolve your claim. If you and Rastelli’s do not reach a resolution of your dispute within sixty (60) days after Rastelli’s receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.
22.2. Arbitration. You and Rastelli’s agree to arbitrate all disputes between the parties, except as provided in this subsection (b). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. For purposes of this arbitration provision, references to "Rastelli’s," "you," and "us" includes our Associates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.
Notwithstanding the arbitration agreement set forth in the prior paragraph, if you fail to pay in full any amounts you owe when they are due, Rastelli’s may assign your account for collection, and Rastelli’s and/or the collection agency may pursue in court claims limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms. (However, Rastelli’s disclaims any and all liability, and you relieve Rastelli’s from any and all liability, with respect to the conduct of any such collection agency.) In addition, Rastelli’s may seek injunctive relief in any court with respect to any violation of a patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of Rastelli’s or of any third party.
YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THE SITES OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITES (THE "OPT-OUT DEADLINE"). YOU MAY OPT OUT BY WRITING TO US AT EITHER OF THE FOLLOWING ADDRESSES:
Rastelli Foods DTC, LLC, 1 South Broad Street, 11th Floor, Philadelphia, PA 19107, Attention: Legal
Either you or Rastelli’s may start an arbitration proceeding by sending to the other, by certified mail, a letter requesting arbitration ("Demand"). If you start the arbitration, you must send the Demand to Rastelli Foods DTC, LLC, 1 South Broad Street, 11th Floor, Philadelphia, PA 19107, Attention: Legal. The Demand must (i) describe the nature and basis of the claim or dispute and (ii) set forth the relief sought.
The American Arbitration Association's ("AAA") Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by these Terms, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written opinion sufficient to explain the essential findings and conclusions on which the decision is based.
Each party shall be responsible for its own administrative fees, costs and expense related to the arbitration, as provided for in the AAA rules. Arbitrator compensation is subject to allocation by an arbitrator in an award and is also governed by the AAA rules.
All issues are for the arbitrator to decide, except those issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless Rastelli’s and you agree otherwise in writing, any arbitration hearings will take place in the AAA offices located in Philadelphia, Pennsylvania.
One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the retail food industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of you and Rastelli’s. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
You or Rastelli’s must bring any claim arising out of or related to these Terms or our relationship within one (1) year after the claim arises, or the claim will be permanently barred. To the extent the applicable law applicable makes this limitations period unenforceable with respect to any claim(s), then the statutes of limitations of the State whose laws govern these Terms under Section 23 shall apply.
YOU AND RASTELLI’S AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR RASTELLI’S SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. RASTELLI’S DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THIS SUBSECTION (b), THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND RASTELLI’S HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
23. Governing Law and Venue.
These Terms, and any disputes arising between you and Rastelli’s related in any way to these Terms or Rastelli’s Services, including but not limited to disputes over billing, service, privacy, advertising, or Rastelli’s or its Associates' communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of Delaware, without regard to choice of law principles.
Any dispute arising out of, or related to, these Terms or Rastelli Food’s Services that is not subject to arbitration or cannot be heard in small claims court, shall be resolved exclusively in the state or federal courts of the Commonwealth of Pennsylvania and the United States, respectively, sitting in Philadelphia, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Web Accessibility
Rastelli’s is committed to facilitating the accessibility and usability of its website, www.rastellis.com (the "Website"). To accomplish this, Rastelli’s will be implementing over time the relevant portions of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.0 Level AA ("WCAG 2.0 AA") and its subsequent iterations as its web accessibility standard, which will also bring the Website and other Consumer Facing Properties into further conformance with the Section 508 Web Accessibility Standards developed by the United States Access Board. Our Website will be tested on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies.
Please be aware that our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any particular web page on this Website, please contact us at help@Rastellis.com. If you do encounter an accessibility issue, please be sure to specify the web page in your email, and we will make all reasonable efforts to make that page accessible for you.
25. DMCA Notice
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Sites infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the designated agent of Rastelli’s identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Sites, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices of infringement should be directed to the following designated agent of Rastelli’s:
Rastelli Foods DTC, LLC, 1 South Broad Street, 11th Floor, Philadelphia, PA 19107, Attention: Legal
Or e-mail: Help@Rastellis.com
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Sites is infringing upon a copyright, you may be held liable for damages and attorneys' fees. If you believe that your content, information, or communication has been removed from the Sites due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
26. Deverability and Waiver
If any of these Terms are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by Rastelli’s provision in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms and any document expressly referred to in them constitute the whole agreement between you and Rastelli’s, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Rastelli’s. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Last Updated: April 4, 2019