Last Modified: November 14, 2016
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.
These Terms and Conditions (these “Terms”) apply to the purchase and sale of products and services through www.horizonfoodservice.com (this “Website”). These Terms are subject to change by Horizon Food Service & Supply, Ltd. (“Horizon”), in Horizon’s sole discretion, without any prior written notice. Any changes to these Terms will be in effect as of the “Last Modified” date referenced above. Carefully review these Terms prior to purchasing any product or services available through this Website. Your continued use of this Website after the “Last Modified” date will constitute your acceptance of and agreement to such changes.
These Terms require the use of arbitration to resolve disputes, rather than jury trials.
By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms.
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.
You may not order or obtain products or services from this website if you (A) do not agree to these Terms; (B) are not the older of (i) at least 18 years of age, or (ii) the legal age to form a binding contract with Horizon by applicable law; or (C) are prohibited from accessing or using this Website or any of this Website’s contents, goods, or services by applicable law.
2. ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order constitutes an offer to buy, subject to these Terms, all products and services listed in your order. Unless Horizon accepts an order, Horizon has no obligation to sell the products or services requested therein. Horizon may choose not to accept orders at Horizon’s sole discretion, even after Horizon sends you a confirmation e-mail containing your order number and details of the items ordered.
3. PRICES AND PAYMENT TERMS.
(A) Prices posted on this Website may differ from the prices Horizon offers offline. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price posted at the time the order is placed and will be set out in the order confirmation e-mail. Price increases will only apply to orders placed after such changes. Prices posted on the Website do not include any costs or charges associated with shipping, which will be added to your merchandise total and itemized in your shopping cart and order confirmation e-mail. Horizon strives to display accurate price information; however, Horizon occasionally may make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Horizon reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(B) Horizon may offer promotions on the Website that may affect pricing. Such promotions are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(C) Terms of payment are within Horizon’s sole discretion, and Horizon must receive payment before its acceptance of an order. You represent and warrant that (i) the credit or debit card information you supply to Horizon is true, correct, and complete; (ii) you are duly authorized to use such credit or debit card for the purchase; (iii) charges incurred by you will be honored by your credit card company or bank; and (iv) you will pay charges incurred by you at the posted prices, including all applicable shipping charges, if any, regardless of the amount quoted on the Website at the time of your order.
4. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS.
(A) You will pay all applicable shipping charges specified during the ordering process, and Horizon will arrange for shipment of the products accordingly.
(B) Title and risk of loss pass to you upon Horizon’s transfer of the products to the carrier. Shipping and delivery dates are only estimates and cannot be guaranteed. Horizon is not liable for any delays associated with shipment.
Except for any products designated on the Website as non-returnable, Horizon does accept returns for a refund of the purchase price, less any shipping costs Horizon may have incurred. You are responsible for all shipping charges, unless otherwise specified, and you bear the risk of loss during shipment. Horizon is not responsible for items damaged or lost in transit. Thus, Horizon generally recommends that customers use an insured courier (e.g., FedEx, UPS, USPS Parcel Post).
Horizon is under no obligation to provide a refund unless: (A) Horizon receives the returned order at its warehouse with valid proof of purchase within ten (10) days of issuing your return authorization number (RMA); and (B) Horizon authorizes the return, at its sole discretion, after having an opportunity to inspect the order. All products sought to be returned must be in resalable condition and in their original packaging. Horizon cannot accept products that are partially consumed, opened, or altered in any way.
If Horizon authorizes the return, a credit will be issued to your account within approximately three (3) business days thereafter. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
For more information regarding returns, please review Horizon’s Return Policy.
6. LIMITATION OF LIABILITY.
In no event shall Horizon be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value, arising out of or in connection with any breach of these Terms, regardless of (A) whether such damages were foreseeable; (B) whether Horizon was advised of the possibility of such damages; or (C) the legal or equitable theory upon which the claim is based. Horizon’s sole and maximum liability and your sole and exclusive remedy shall be limited to the actual amount you paid for the products and services ordered through Horizon’s Website. The limitation of liability set forth above shall only apply to the extent permitted by applicable law.
7. GOODS NOT FOR RESALE OR EXPORT.
You represent and warrant that you are buying products or services from the Website only for your own personal or household use, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
9. FORCE MAJEURE.
Horizon will not be liable, nor be deemed to have defaulted or breached these Terms, for any failure or delay in Horizon’s performance under these Terms to the extent such failure or delay is caused by or results from acts or circumstances beyond Horizon’s 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 Horizon’s workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
10. GOVERNING LAW AND JURISDICTION.
This Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas. Any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those Texas will be given no effect.
11. DISPUTE RESOLUTION AND BINDING ARBITRATION.
(A) You and Horizon 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 also may be unavailable or may be limited in arbitration. Any claim, dispute, or controversy between you and Horizon arising from or relating in any way to your purchase of products or services through this Website will be resolved exclusively and finally by binding arbitration.
(B) The arbitration will be administered by the American Arbitration Association (the “AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. 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. The arbitrator(s) will have exclusive authority to resolve any dispute relating to the validity of this arbitration provision or these Terms, including any unconscionability challenge. The arbitrator(s) 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 applicable standards for fee shifting.
(C) You agree to an arbitration on an individual basis. In any dispute, neither you nor Horizon 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.
(D) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without Horizon’s prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. NO WAIVER.
Horizon’s failure to enforce any right or provision of these Terms 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 Horizon.
14. NO THIRD-PARTY BENEFICIARIES.
These Terms are not intended to and do not confer any rights or remedies upon any person other than you.
(A) To You. Horizon may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide, or (ii) by posting to the Website. Notices sent by e-mail will be effective when Horizon sends the e-mail and notices Horizon provides by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(B) To Horizon. To give Horizon notice under these Terms, you must contact Horizon by either (i) facsimile transmission to 830-755-5146; or (ii) personal delivery, overnight courier, or registered or certified mail to Horizon Food Service & Supply, Ltd., 28595 IH-10 West, Boerne, Texas 78006-9110. Horizon may update the facsimile number or address by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. ENTIRE AGREEMENT.