Delectica Terms of Use
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully.
Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your
acceptance of these terms and conditions. Your submittal of any purchase order to Delectica indicates acceptance of these
terms and conditions. These terms and conditions shall superceede any subsequent terms or conditions included with any
purchase order, whether or not such terms or conditions are signed by Delectica. Delectica reserves the right to make
changes to this site and these terms and conditions at any time.
This site is owned and operated by Sesame Food Corp. D/B/A Delectica. Unless otherwise specified, all materials appearing
on this site, including the text, site design, logos, graphics, photographs, icons, and images, as well as the selection,
assembly and arrangement thereof, are the sole property of Sesame Food Corp.
Copyright 2004, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Delectica, or their respective
content providers. All software used on the site is the sole property of Sesame Food Corp. or those supplying the software.
You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for
no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted,
transmitted, or distributed in any form or by any means without Sesame Food Corp. prior written permission. All
rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
(Delectica is a registered trademark or a service mark of Sesame Food Corp. All custom graphics, icons, logos,
photographs and service names are registered trademarks, trademarks or service marks of Sesame Food Corp. All
other trademarks or service marks are property of their respective owners. The use of any Delectica trademark or service
mark without Sesame Food Corp's express written consent is strictly prohibited.)
Disclaimer and Limitation of Liability as to Products Sold
Except as expressly
stated herein, Sesame Food Corp. makes no representations or warranties, either express or implied, of any kind with
respect to products sold on the Delectica site, including
but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive
maximum liability to Sesame Food Corp. D/B/A Delectica arising from any product sold on the Delectica site shall
be the price of the product ordered. In no event shall Sesame Food Corp. D/B/A Delectica Inc., its directors,
officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages
related to product sold.
Disclaimer and Limitation of Liability as to the Delectica Web Site
The Delectica web site and the materials therein are provided as is. Sesame Food Corp. D/B/A Delectica makes no
representations or warranties, either express or implied, of any kind with respect to the sites, their operations,
contents, information, materials or year 2000 compliance. Sesame Food Corp. D/B/A Delectica expressly disclaims all
warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to
merchantability and fitness for a particular purpose. You agree that Sesame Food Corp. D/B/A Delectica, its
directors, officers, employees or other representatives shall not be liable for damages arising from the
operation, content or use of the Sesame Food Corp. D/B/A Delectica sites. You agree that this limitation of
liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect,
compensatory, special, incidental, punitive and consequential damages.
Typographical Errors
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, Sesame Food Corp. D/B/A Delectica shall have
the right to refuse or cancel any orders placed for product listed at the incorrect price. Sesame Food Corp.
D/B/A Delectica shall have the right to refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled,
Sesame Food Corp. D/B/A Delectica shall immediately issue a credit to your credit card account or a cash refund in the
amount of the charge.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You
acknowledge that Sesame Food Corp. D/B/A Delectica Inc. is not responsible for the operation of or content
located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order,
nor does it constitute confirmation of our offer to sell. Sesame Food Corp. D/B/A Delectica reserves the right
at any time after receipt of your order to accept or decline your order for any reason. Sesame Food Corp. D/B/A
Delectica reserves the right at any time after receipt of your order, without prior notice to you, to supply
less than the quantity you ordered of any item. All catering orders and delivery orders placed over $200.00 (U.S.)
must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance policy.
We may require additional verification or information before accepting any order. Sesame Food Corp. D/B/A Delectica is
a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers
who intend to resell the products offered by Sesame Food Corp. D/B/A Delectica.
Sales Taxes
Sesame Food Corp. D/B/A Delectica shall automatically charge and withhold the applicable sales tax for orders to
be delivered to addresses within New York. Each customer shall be solely responsible for all sales taxes, or other
taxes, on orders shipped to any other state.
Service and Support
All requests for technical service and support should be made directly to the manufacturer in accordance with their
terms and conditions.
Jurisdiction and Venue
You agree that any legal action brought against Sesame Food Corp. D/B/A Delectica Inc. shall be governed by the laws
of the State of New York without regard to its conflict of law principles. You agree that the sole jurisdiction and
venue for any litigation arising from your use of or orders made on the Sesame Food Corp. D/B/A Delectica sites shall
be an appropriate federal or state court located in New York, New York.