Sigona’s Fruit for Thought PURCHASE TERMS

Effective as of: May 10, 2009

Ordering

You can order fruits and snacks (“products”) from Sigona’s Fruit for Thought (“Sigona’s” or “we”) through this website or by phone. These are the exclusive purchase terms applicable to your purchase of products from Sigona’s.

Payment is required via credit card or in cash, due upon delivery of products, unless Sigona’s has granted you credit terms. The granting of credit terms is in Sigona’s sole discretion and Sigona’s may revoke any credit at any time. Prices are net of taxes and delivery charges. We may change our prices at any time; any price changes are effective for orders received by us after posting of such changes.

Quality – Limited Warranty – Exclusive Remedy - Disclaimer

Sigona’s carefully selects fresh fruits on a daily basis. As a natural product, fruit varies in size, taste and quality even if carefully selected. We do not wash or test fruits. We warrant to you that our fruits and other products are unspoiled and undamaged when we deliver them to you. You agree to inspect the fruits and other products 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 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.

Governing Law

Your agreement to purchase Sigona’s products 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 California within one (1) year after the claim arose, or such action will be barred.

Miscellaneous

These Purchase Terms are the exclusive agreement between the parties relating to its subject matter. This agreement may be modified only by our posting changes hereto on our website (which shall only be effective for orders submitted after posting) or by written agreement of Sigona’s. We may assign our rights and obligation under this agreement.

Sigona’s Customer Satisfaction Contact Information:
Phone: 650-368-6992
Email: click here

Fruit For Thought