Policies and Terms

The following Terms and Conditions govern your use of the FANCIFOODS.COM website and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions.


		Terms and Conditions of Sale 1. Products. FANCIFOODS.COM may revise or discontinue products at any time. FANCIFOODS.COM 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 FANCIFOODS.COM reserves the right to substitute with an equivalent or better product. FANCIFOODS.COM 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 are subject to acceptance by FANCIFOODS.COM and payment can be made by check or major credit card. 3. Shipping. Customer is responsible for all shipping and handling charges unless the order is of sufficient value to qualify for prepaid shipping. A separate charge for shipping and handling will be shown on Customer’s invoice. 4. Limited Warranties. FANCIFOODS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. Limitation of Liability. EXCEPT FOR PERSONAL INJURY OR DEATH, FANCIFOODS.COM TOTAL LIABLITY, 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 FANCIFOODS.COM FOR THE PRODUCTS FANCIFOODS.COM SOLD TO YOU WHICH FORM THE BASIS OF YOUR CLAIM. TO THE FULLEST EXTENT ALLOWED BY LAW, FANCIFOODS.COM 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 FANCIFOODS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. 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. 7. Governing Law. THIS CONTRACT WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA (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 SONOMA COUNTY, CALIFORNIA, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS CONTRACT. 8. 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 FANCIFOODS.COM 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.


		Terms and Conditions Governing use of Web Site Access to this site, www.Fancifoods.com (the “Site”), is granted by John Sommer Inc., 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 John Sommer Inc. John Sommer Inc 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 John Sommer Inc. Any other use of materials on the Site, including reproduction, modification, distribution, or republication, without the prior written permission of John Sommer Inc, is strictly prohibited. 2. 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 John Sommer Inc. 3. Product Information. Although John Sommer Inc has attempted to provide accurate information on the Site as a service to its users, John Sommer Inc makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of any nutritional information or ingredient listings of products. 4. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED "AS IS," AND JOHN SOMMER INC 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. JOHN SOMMER INC 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. JOHN SOMMER INC may change the programs or products mentioned at any time without notice. 5. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, JOHN SOMMER INC 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 JOHN SOMMER INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. 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. 7. Revisions to Terms and Conditions. JOHN SOMMER INC 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.