Updated: November 10, 2015
You can order fruits, snacks and other products (“Products”) from Sigona’s through this website or by phone. You must be at least 18 years old to use Sigona’s ordering and delivery service. Orders must be placed by noon Pacific Time on the business day before the scheduled delivery date. We cannot guarantee orders placed outside of this time period, and we will not accept any cancellations or changes to any orders, nor will we issue any refunds, after that time.
If for any reason beyond our reasonable control we are unable to supply a particular item, if time permits we will attempt to contact you to arrange a replacement or, if necessary, cancellation. If circumstances make it infeasible for us to contact you, or if we otherwise cannot contact you for any reason, we will make arrangements for a refund. Although we will always try to fulfill your orders, we do not guarantee that all Products or the desired quantities will be available, and we will only fulfill large orders in our discretion. While rare, to ensure availability of our Products, customers may be limited to a maximum number of items.
Payment is required via credit card, due at the time an order is placed, unless Sigona’s has granted you credit terms. Payments are processed upon delivery of products. The granting of credit terms is in Sigona’s sole discretion and Sigona’s may revoke any credit at any time. At any point up until your payment is processed, we may decline to supply the goods to you for any reason or no reason.
The actual price you pay will be the price shown to you at the time you place an order, and is based on your delivery area. We offer one-time deliveries, provided that your location is within our delivery area, and we require a minimum purchase of $30 or a $10 delivery fee. We may change our prices at any time; any price changes are effective for orders received by us after posting of such changes; provided that recurring orders and orders placed more than one week in advance will be subject to any price changes that occur after the order is placed but before delivery. We reserve the right to correct any pricing errors and charge you the correct price upon notice to and acceptance by you.
QUALITY – LIMITED WARRANTY – EXCLUSIVE REMEDY
Sigona’s carefully selects fresh produce on a daily basis. As a natural product, fruits and vegetables vary in size, taste and quality even if carefully selected. We do not wash or test any fresh produce. We warrant to you that our Products are unspoiled and undamaged when we deliver them to you. You agree to inspect the, Products you purchase from us promptly upon delivery and report any spoilage or damage of any Product to us within 24 hours of delivery.
Your exclusive remedy and Sigona’s sole obligation and liability for any spoilage or damage of any Product, which has been so timely reported to Sigona’s, is for Sigona’s, at its option, to either replace such Product within a reasonable time with fresh or undamaged Product or to credit you for the amount paid for the spoiled or damaged Product. If you fail to timely report such spoilage or damage, Sigona’s will have no obligation or liability with respect to such spoiled or damaged Product.
Except for the above limited warranty which is exclusive, all Products are provided to you “AS IS”, and Sigona’s disclaims all other warranties whether express, implied or statutory, including, without limitation, the implied Warranties of Merchantability and of Fitness for a Particular Purpose.
If you are a consumer, then no implied warranty, including any implied Warranty of Merchantability or of Fitness for a Particular Purpose, shall extend beyond the duration of the express limited warranty above. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from State to State.
LIMITATION OF LIABILITY
You expressly understand and agree that, to the extent permitted by law, Sigona’s will not be liable for the cost of procurement of substitute goods and services and for any indirect, incidental, special, punitive or consequential damages of any kind or nature whatsoever, including but not limited to, damages for loss of profits, lost goodwill, loss of productivity or other intangible losses (even if we have been advised of the possibility of such damages).
In no event shall Sigona’s total liability for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise) exceed the amount paid by you, if any, for the applicable Product. If you are a consumer, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law rules and principles. Any legal action against us must be commenced in federal and state courts in San Mateo County, California within one (1) year after the claim arose, or such action will be barred.
These purchase terms are the exclusive agreement between the parties relating to its subject matter, and they supersede all other agreements, understandings, and commitments between you and Sigona’s regarding the subject matter, whether oral or written. Sigona’s may modify these terms from time to time by our posting changes hereto on our website (which shall only be applicable to orders submitted after the effective date of the changes). No other modifications shall be permitted, except by written agreement of Sigona’s. We may assign our rights and obligations under this agreement.
SPECIAL NOTICE FOR CALIFORNIA CONSUMERS
Pursuant to California Civil Code Section 1789.3, users of an online ordering service are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
SIGONA’S CONTACT INFORMATION