Terms & Conditions
These Terms and Conditions govern your use of the Isidore Foods website (www.isidorefoods.com), your relationship with Isidore Foods (Isidore Foods, we or us) and all orders you may make via the Isidore Foods website. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Isidore Foods or use the Isidore Foods website. Please note that to use the ordering and account management services provided on the Isidore Foods website, you are required to have an account with us.
1. The Isidore Foods Website is provided to you free of charge for your personal use, subject to these Terms and Conditions. By using Isidore Foods' website and services you agree to be bound by these Terms and Conditions.
2. The Isidore Foods Website is owned and operated by Isidore Foods LLC, a company registered in the United States (Commonwealth of Pennsylvania) whose registered office is at 440 Clokey Ave., Pittsburgh, PA 15228. If you have any questions please contact us; contact details are at the end of this document.
3. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
4. We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 19 below. Please check periodically for changes. These Terms and Conditions were last updated on December 11, 2016.
5.1. To order from Isidore Foods, you must register with us. This is referred to as set up an account throughout our website and literature. However, this is not a credit account; payment will be required before delivery of goods.
5.2. To register with Isidore Foods you must be at least eighteen years of age or, if you are a business, you must be operated by a person at least eighteen years of age.
5.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
5.4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our website.
5.6 Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference as referred to in paragraph 11.1 below.
6. Password and security
6.1. When you register to use the Isidore Foods Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the website.
6.2. If Isidore Foods has reason to believe that there is likely to be a breach of security or misuse of the Isidore Foods website, we may require you to change your password or we may suspend or cancel your account.
6.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders that are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
7.1. You must ensure that Isidore Foods are provided with details of a valid credit or debit card bearing either the Mastercard, Visa or Discover symbol. You must update us with any change to these details immediately within the deadlines specified on the website. You can make changes to your payment details by updating them in the My account section of the website or by calling or writing to us. Without prejudice to paragraph 8.9 below, we accept no liability for card security if card details are emailed to us as email is by nature insecure.
7.3 We reserve the right to terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us.
7.4 If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the website again. You can, however, change orders by calling or emailing us, during our office hours and subject to our order deadlines.
7.5 We will submit our request for payment to your bank within 24 hours of your delivery, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.
7.6 If you pay by check we cannot guarantee when this will be paid to us and when the amount will be taken from your account.
8. Product purchases
8.1. You may submit orders by using our online ordering facility at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. Our website operates a 'basket' and 'checkout' structure. Once you have filled your shopping cart with all the items you want, please click the "checkout" button on located either on menu above or below your order information. You will then be asked to check your shipping information on the Delivery Information page. If your shipping information is correct and you would like to pickup your order at the pre-assigned pickup location, please press the "continue" button at the bottom of the page. You will now be directed to the Payment Information page where you will be informed that Isidore Foods only takes credit cards for payment. Please click the "continue" button at the bottom of the page to go to the Order Conformation page to enter your credit or debit card information. Isidore Foods only accepts cards with the following emblems - Visa, Mastercard or Discover. After you enter your credit or debit card information, verify your order information and then click the "checkout" button at the bottom of the page. Your order has been processed and your credit or debit card will be processed by Authorize.net. To return to our catalog, please click on the "continue" button. To log off, please click the "log out" button located on the menu above the "Your Order Has Been Processed!" message.
8.2. Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below.
8.3. No order is accepted from you until our website displays an "Your Order Has Been Processed!" message. This message is displayed after you click 'checkout' on the Order Confirmation page.
8.4. Where we accept an order, we do all that we can to ensure that your order is fulfilled; products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.
8.5. All products offered by us are subject to occasional change in price. This is particularly likely with fruit and vegetable items which are subject to seasonal changes in supply levels and supply prices. Isidore Foods will make every attempt to warn you of any changes to the price or availability of items in our range. However, we reserve the right to change our prices and products without notice to reflect such changes. Current prices will always be shown in the catalog section of our website. We will charge you that price which will be inclusive of any applicable local and state tax.
8.6. Some of our products are priced by weight. The guide weight and associated price are for guidance only; the weight you receive may vary significantly from this guide and the price you are charged will be for the weight of product delivered.
8.7. Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the website. We are also happy to inform you of these deadlines by email if you wish to email us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you the day before delivery and obtain some of the products especially to fulfill your order and may not be able to sell the products elsewhere. Any payments you have made for orders that have been properly cancelled will be re-credited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with clause 13 below insofar as the order is for non-perishable items.
8.8. Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
8.9 We sell only to end users and our products are not for re-sale.
9. Delivery times
9.1. We will make delivery to your pickup address as stated when you set up an account or update that address. In the event that your delivery is stolen from your pickup location or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
9.2. We will do our best to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
9.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for goods unless or until we have delivered them to you.
9.4 We will not charge you for incorrect products (products that you have not ordered and which are not reasonable substitutes for those products) or products that we have not delivered in accordance with these Terms and Conditions. Otherwise our liability is limited to the price of the incorrect products or the products not so delivered subject as provided in paragraph 14.
9.5 You must inspect the products as soon as possible after delivery and notify us within three days if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our website. We will replace or refund you for defective products. Otherwise our liability is limited as provided in paragraph 14.
10. Excluded services
10.1 It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Isidore Foods website.
11. Intellectual property
11.1. All content and programming of the Isidore Foods website is the property of Isidore Foods LLC. You may retrieve and display the content of the Isidore Foods website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Isidore Foods website without written permission from Isidore Foods LLC.
11.2. No license is granted to you in these Terms and Conditions to use any trademark of Isidore Foods or its affiliates or licensors.
12. Availability of the website
12.1. Although Isidore Foods aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
12.2. Your access to the Isidore Foods Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.
13. Isidore Foods' right to cancellation
13.1. Isidore Foods may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
13.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using Isidore Foods' services, including this website.
13.3. In the case of non-perishable products only, our customers who are consumers have the right to cancel the order and contract for those products at any time until the expiry of the 3rd working day after the date of delivery of the products by notifying us by telephone, email or mail to the address below. We will arrange with you to collect or have you return any such non-perishable goods; we will credit your payment card with the price (if any) that you have paid for such products less our reasonable costs in collecting the goods. In the case of perishable products you do not have the right to cancel the order or contract after deadlines published on our website.
13.4 The suspension or cancellation of your registration shall not affect either party's rights or liabilities accrued to the date of termination or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
13.5. Any other provisions of these Terms and Conditions applicable to the use of the Isidore Foods website together with and including paragraph 14 shall survive cancellation.
14. Isidore Foods' liabilities
14.1. The Isidore Foods Website is provided by Isidore Foods LLC "as is" without any warranties or guarantees save those set out in these Terms and Conditions.
14.2. While Isidore Foods LLC tries to ensure that material included on the Isidore Foods website is correct, reputable and of high quality, we cannot accept responsibility if, despite our attempts, this is not the case. Without prejudice to your statutory rights, Isidore Foods will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Isidore Foods Website. If Isidore Foods is informed of any inaccuracies in the material on the website, we will attempt to correct the inaccuracies as soon as we reasonably can.
14.3. We disclaim all liabilities in connection with the following:
(a) technical problems including errors or interruptions of the Isidore Foods Website but we will do our best to correct or avoid them
(b) incompatibility of the Isidore Foods Website with any of your equipment, software or telecommunications links
(c) unsuitability, unreliability or inaccuracy of the Isidore Foods Website but we will take reasonable care to ensure information there is accurate
(d) inadequacy of the Isidore Foods website to meet your requirements
14.4. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for:
(a) any consequential or incidental or indirect damages;
(b) loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
(c) any other loss or damages,
whatsoever that arise out of or are related to the Isidore Foods website.
14.5. We shall collect, process, store, and transfer your personal data in compliance with the relevant Commonwealth of Pennsylvania data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
14.6. Nothing in this section seeks to limit or exclude Isidore Foods' liability to you, where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through its website.
14.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labor disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
14.8 Nothing in these Terms and Conditions shall limit or exclude Isidore Foods' liability for personal injury or death caused by its negligence.
14.9 Subject to clauses 4, 14.6 and 14.8 above, Isidore Foods' sole liability for defective products will be to replace those products or reimburse any monies you have paid for them but, if you are a consumer, please note that this does not affect your statutory rights.
15. Third party websites
As a convenience to Isidore Foods customers, the Isidore Foods website may include links to other websites or material which are beyond its control. Isidore Foods is not responsible for content on any website outside the Isidore Foods Website, even if it is reached via the Isidore Foods website.
16. International use
16.1. Isidore Foods makes no promise that materials on the Isidore Foods Website are appropriate or available for use in locations outside the United States, and accessing the Isidore Foods Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16.2. Isidore Foods delivers to a limited area of the Pennsylvania; information on this is available on the site, and we cannot deliver our products outside this delivery area.
17. Applicable law
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
17.2. The Commonwealth of Pennsylvania courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
18.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
18.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
18.3. A person who is not a party to these Terms and Conditions shall have no right under the laws of the Commonwealth of Pennsylvania to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party that exists or is available apart from applicable laws.
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our website in place of these. The changes will apply to the use of the Isidore Foods Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Isidore Foods or use the Isidore Foods website. If you continue to use the Isidore Foods website after the date on which the change comes into effect, your use of the Isidore Foods website indicates your agreement to be bound by the new Terms and Conditions.
21. Use of the Website
You are asked not to use the Website our ordering facility for any unlawful or abusive purposes and you shall be liable for any such misuse.
Isidore Foods LLC is a peanut handling site.
Isidore Foods LLC, 440 Clokey Ave., Pittsburgh, PA 15228
Telephone: 412.400.4721Email Us