Mondelēz International - Terms of Sale
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU IN CONNECTION THE ONLINE SALE OF GOODS AND SERVICES ON THIS SITE. PLEASE READ IT CAREFULLY.
THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF SALE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (I) DO NOT AGREE TO THESE TERMS; (II) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH MONDELĒZ INTERNATIONAL; OR (III) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENT, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions ("Terms of Sale") apply to the purchase and sale of products and services through any site or online service owned or controlled by Mondelēz International ("Mondelēz," "we," "us," or "our") and which links to these Terms of Sale (the "Site"). These Terms of Sale are subject to change by Mondelēz without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on the Site, and you should review these Terms of Sale prior to purchasing any products or services that are available through the Site. Your continued use of this Site after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Mondelēz and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at [INSERT TELEPHONE NUMBER].
PRICES AND PAYMENT TERMS
2.1   All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
2.2   Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept [INSERT LIST OF APPROVED CREDIT CARDS/OTHER PAYMENT METHOD] for all purchases. You represent and warrant that: (a) the credit card or other payment information you supply to us is true, correct and complete; (b) you are duly authorized to use such credit card or other payment method for the purchase; (c) charges incurred by you will be honored by your credit card company or payment vendor; and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
3.1   We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
3.2   Title and risk of loss pass to you upon [our transfer of the products to the carrier / delivery]. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. [Mondelēz: In Section 3.2, you can choose whether to bear the risk of loss during transit or to pass it on to the consumer. While it is more advantageous for you to impose this risk on the consumer by specifying that risk of loss passes when the products are delivered to the carrier, many companies choose to bear this risk by stating that risk of loss passes only on delivery. These sellers view their more favorable terms as a marketing tool and as a way to better compete with sellers with less favorable terms to the consumer. Please advise.]
RETURNS AND REFUNDS
4.1   Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within [30 / OTHER #] days of [shipment / delivery] and provided such products are returned in their original condition. To return products, you must call [INSERT TELEPHONE NUMBER] or e-mail our Returns Department at [INSERT E-MAIL ADDRESS] to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
4.2   You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a [NUMBER]% restocking fee.
4.3   Refunds are processed within approximately [three / OTHER #?] business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
LIMITATION OF LIABILITY
5.1   IN NO EVENT SHALL MONDELĒZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MONDELĒZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
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.
5.2   IN NO EVENT SHALL MONDELĒZ'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SALE AND/OR THE PRODUCTS SOLD HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO MONDELĒZ FOR THE PRODUCTS SOLD UNDER THESE TERMS OF SALE.
5.3   The limitation of liability set forth in Section 5.2 above shall not apply to (a) liability resulting from Mondelēz's gross negligence or willful misconduct, and (b) death or bodily injury resulting from Mondelēz's acts or omissions.
GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
DISPUTE RESOLUTION AND BINDING ARBITRATION
8.1   YOU AND MONDELĒZ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
8.2   The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 8 (the AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section 8.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Sale are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
8.3   You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
8.4   YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR MONDELĒZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
9.1   To You. We may provide any notice to you under these Terms of Sale by: (a) sending a message to the e-mail address you provide; or (b) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
9.2   To Mondelēz. To give us notice under these Terms of Sale, you must contact us by personal delivery, overnight courier or registered or certified mail to: Mondelēz International, [INSERT APPLICABLE ADDRESS]. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
10.1   Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10.2   Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 10.2 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
10.3   No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mondelēz.
10.4   No Third Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
10.5   Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.