MinnTex Product Terms and Conditions
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM OUR WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITE IF YOU (A) DO NOT AGREE TO THESE Terms and Conditions, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MINNTEX CITRUS, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF OUR WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These MinnTex Product Terms and Conditions (these “Terms and Conditions”) apply to the purchase and sale of products and services from MinnTex Citrus, Inc. through any of our websites that reference these Terms and Conditions (our “Website”). These Terms and Conditions are subject to change by MinnTex Citrus, Inc. (referred to as “MinnTex Citrus”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms and Conditions will be in effect as of the “Last Updated Date” referenced on our Website. You should review these Terms and Conditions prior to purchasing any product or services that are available through our Website. Your continued use of our Website after the “Last Updated Date” 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 and Conditions, 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 orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Due to variability of product availability, MinnTex Citrus reserves the right to change and/or modify sizes, counts, varieties, grades and country/state of origin of fresh produce for all products appearing on our Website. All sizes, counts, varieties and grades shown on our Website are approximate and may vary.
Prices and Payment Terms
The price of your order will reflect the number of products you have selected and the price per product, which is set by the school, group or organization ("Organization") you select when making your purchase. Note that each Organization sets its own prices, so orders placed through different Organizations may reflect different pricing.
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 email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Unless the participating Organization you select when making your purchase has selected another option, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard and Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our Website at the time of your order.
You shall be responsible for paying any taxes, duties, fees or other charges imposed by any governmental entity based upon your purchase of any goods from us.
Shipments; Delivery; Title and Risk of Loss
Unless the participating Organization you select when making your purchase has selected another option, all our products purchased on our Website will be shipped to the Organization you select when making your purchase. Organizations are responsible for final delivery to you. Organizations may choose to have their salespeople deliver all orders placed with a valid student code. Alternately, Organizations may choose to offer customer pickup only. You will be notified on the “Check Order Status” page and during the checkout process if you are responsible to pick up your purchased product(s). You will also be responsible for contacting your participating Organization to confirm the pickup time and location.
If the participating Organization you select when making your purchase has selected the option, you may be able to elect to have MinnTex Citrus ship its products directly to you. If this is the case, you will be required to input shipping information and select shipping options before you complete your purchase on our Website. You will pay all shipping and handling charges specified for the selections you make during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
When we deliver our products to a delivery site selected by the Organization you select when making your purchase, title and risk of loss for those products pass to the Organization when we deliver the products to the Organization.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Return, Refund and Exchange Policy
MinnTex Citrus guarantees its products against spoilage or damage at time of delivery to the Organization. Organizations are responsible to inspect the products upon arrival, and any claim of spoilage or damage must be made by the Organization within two days of delivery.
MinnTex Citrus accepts no responsibility for handling or appropriate storage of its products after they have been delivered to the Organization. For this reason, consumers (you) must direct all customer service inquiries, requests for product returns, refunds and/or exchanges to the Organization you designate when you purchase your product(s). It is the responsibility of each Organization to maintain and communicate its policies regarding product guarantees, returns, refunds and exchanges. For your Organization’s contact information, see the “Contact Us” page on our Website.
Other Businesses and Their Products
Parties other than MinnTex may sell their products through our Website if an Organization elects to include such third-party products in its fundraising program ("Other Businesses"). If you purchase any of the products offered by these Other Businesses, you are purchasing directly from those third parties, not from MinnTex. MinnTex is not responsible for examining or evaluating, and we do not warrant, the offerings, quality or delivery of or by such third-party products or these Other Businesses. MinnTex does not assume any responsibility or liability for the actions or inactions or products of these Other Businesses. Your Organization and the Other Business are solely responsible and liable to you for such matters.
Disclaimer of Warranties
ALL PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitation of liability set forth above shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions 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. If such acts or circumstances occur, we reserve the right to refund the full purchase price in lieu of delivering the purchased product. Alternately, reasonable substitutions may be made in accordance with our substitution policy noted above.
Governing Law and Jurisdiction
Our Website is operated from the US. All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota.
You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of these Terms and Conditions is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
The failure by us to enforce any right or provision of these Terms and Conditions 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 MinnTex Citrus.
No Third-Party Beneficiaries
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.
If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
Updated September 4, 2020