Terms & Conditions
TERMS AND CONDITIONS

This Web Site is operated by Epicurean®.

Your use of the Epicurean® Commercial Web Site (www.epicureancommercial.com)  (“this Web Site”) is governed by these terms and conditions. Please review  these terms and conditions. Your use of this Web Site constitutes your  agreement to follow these rules and to be bound by them. If you do not agree  with any of these terms and conditions, do not use this Web Site.
 
These Terms and Conditions May Change
Epicurean® reserves the right to update or modify these terms  and conditions at any time without prior notice. Your use of this Web Site  following any such change constitutes your agreement to follow and be bound by  the terms and conditions as changed. For this reason, we encourage you to  review these terms and conditions whenever you use this Web Site.
 
Copyrights
This Web Site and the materials within it are © 2008 Epicurean®. Viewing this Web Site creates a copy of epicureancommercial.com  materials in your computer's random access memory and/or in your hard drive  and/or in your proxy server.  These  copies are not to be used for any purpose other than their original intended  purpose of increasing web browsing performance.

Returns & Exchanges
We want you to be happy with your new product! Customer satisfaction is very  important to us so we will go out of our way to accommodate your returns as  best we can.

For most items*, if you are unsatisfied with your purchase for any reason, Epicurean® will be happy to process a return for you without any  restocking fees. Before returning an item, please contact sales@epicureancommercial.com to obtain return instructions. Items must be unused,  in their original condition, and in their original packaging, complete with all  tags, instructions, and inserts. The return must be post-marked within 10 days  of receiving the item. If the return is not due to damaged merchandise, you  will be responsible for the shipping cost back to Epicurean®.

Credit card orders will receive refunds in the form of a credit. Orders paid  by check will receive a check.

We take great care to pack shipments so that they will arrive safely. You  may have to provide supplementary packing materials if the outer carton has  been worn during the original trip out to you. If you are returning the item,  please ship with a carrier that provides tracking numbers to ensure  verification of return.

Be sure to inspect all packages for damage before signing for the package.  If damage is visible, reject the shipment, be sure the driver notes the damage  and contact Epicurean® as soon as possible. We will file a  damage claim with the shipper and ship a replacement as soon as possible.

If the item(s) sent was incorrect, or defective, please contact customer  service by phone or email. Please do not send back these items prior to  contacting Epicurean®.  Epicurean® must  receive goods in new condition to fully credit you for the return or exchange.  We cannot accept collect deliveries (COD’s).

*No returns accepted for custom design/custom built products.

Use License
Epicurean® grants you permission to view this Web Site and to  print individual pages from this Web Site for your own personal, noncommercial  use, provided that you agree to and accept without modification the notices,  terms and conditions set forth in this agreement. You may not modify, copy  (except as set forth in the preceding sentence), distribute, transmit, display,  perform, reproduce, publish, license, create derivative works from, transfer or  sell any information, material, software, products or services from this Web  Site.

Your use of this Web Site constitutes your agreement and acceptance without  modification of the notices, terms and conditions set forth herein. In  addition, as a condition of your use of this Web Site, you represent and  warrant to Epicurean® that you will not use this Web Site for  any purpose that is unlawful, immoral or prohibited by these terms, conditions  and notices. If you do not agree and accept without modification the notices, terms  and conditions set forth herein, do not use this Web Site. Other than this  agreement and agreements between you and Epicurean® relating  to the sale of products or services to you through this Web Site, Epicurean® will not enter into any agreement with you or obligation to you  through this Web Site and no attempt to create such an agreement or obligation  will be effective.
 
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and  displayed on this Web Site are registered and unregistered Trademarks of Epicurean®. Nothing on this Web Site should be construed as granting, by  implication, estoppel or otherwise, any license or right to use any Trademarks  displayed on the Site, without the prior written permission of the Trademarks  owner. Epicurean® aggressively enforces its intellectual  property rights to the fullest extent of the law. The name of Epicurean®, Epicurean® logo or the other Epicurean® formatives may not be used in any way, including in advertising or  publicity pertaining to distribution of materials on this Web Site, without  prior, written permission from Epicurean®. Epicurean® prohibits use of Epicurean® logo as part of a link  to or from any site unless establishment of such a link is approved in advance  by Epicurean® in writing. Fair use of Epicurean® Trademarks requires proper acknowledgment. Other product and company  names mentioned in this Web Site may be the Trademarks of their respective  owners.
 
Links to Third Party Sites
This Web Site may contain links to web sites owned or operated by parties  other than Epicurean®. Such links are provided for your  reference only. Epicurean® does not control outside sites and  is not responsible for their content. Epicurean®’ inclusion of  links to an outside Site does not imply any endorsement of the material on the  site or, unless expressly disclosed otherwise, any sponsorship, affiliation or  association with its owner, operator or sponsor, nor does Epicurean®' inclusion of the links imply that Epicurean® is  authorized to use any trade name, trademark, logo, legal or official seal or  copyrighted symbol that may be reflected in the linked Site.
 
Product Orders
While we will use our best efforts to fulfill all orders, Epicurean® cannot guarantee the availability of any particular product displayed  on this Web Site. Epicurean® reserves the right to discontinue  the sale of any product listed on this Web Site at any time without notice.
 
Product prices offered on this Web Site may vary from other advertised prices  due to varying conditions in different geographic markets.
 
The prices displayed on this Web Site may not include shipping and handling or  sales taxes, if applicable, which will be added to your total invoice price.  You are responsible for the payment of any shipping and handling charges and  state and local sales or use taxes that may apply to your order.
 
While our goal is a 100% error-free Web Site, we do not guarantee that any  content is accurate or complete, including price information and product  specifications. If we discover price errors, they will be corrected on our  systems, and the corrected price will apply to your order. Epicurean® reserves the right to revoke any stated offer and to correct any  errors, inaccuracies or omissions (including after an order has been submitted  and accepted).

We have done our best to display as accurately as possible the colors of the  products shown on this Web Site. However, because the colors you see will  depend on your monitor, we cannot guarantee that your monitor's display of any  color will be accurate.

For further information about purchasing products from Epicurean®, please read our FAQ section.
 
Submissions
We welcome your comments regarding the Epicurean® Web Site.  However, any comments, feedback, notes, messages, ideas, suggestions or other  communications (collectively, "Comments") sent to Epicurean® shall be and remain the exclusive property of Epicurean®. Your submission of any such Comments shall constitute an assignment  to Epicurean® of all worldwide rights, titles and interests in  all copyrights and other intellectual property rights in the Comments. Epicurean® will be entitled to use, reproduce, disclose, publish and  distribute any material you submit for any purpose whatsoever, without  restriction and without compensating you in any way. For this reason, we ask  that you not send us any comments that you do not wish to assign to us,  including any confidential information or any original creative materials such  as stories, product ideas, computer code or original artwork.
 
No Warranties and Exclusion of Liability
EPICUREAN® MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF  THE MATERIALS ON THIS WEB SITE FOR ANY PURPOSE.  ALL SUCH MATERIALS ARE PROVIDED "AS  IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  EPICUREAN® SPECIFICALLY  DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED  WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  TITLE AND NON-INFRINGEMENT.  EPICUREAN® OR TEMPO MEDIA GROUP SHALL NOT HAVE ANY LIABILITY OR  RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, FOR  YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE  TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS  WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL  EITHER EPICUREAN®, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY  DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES  ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE  MATERIALS IN THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE OR  OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON  CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE  POSSIBILITY OF ANY SUCH DAMAGES.
 
Contacting Us
All questions, comments or inquiries may be directed to:
Epicurean®
Attention: Internet Customer Service
1325 N 59th Ave W Duluth, MN 55807
Although Epicurean® will in most circumstances be able to  receive your correspondence, Epicurean® does not guarantee  that it will receive all such information timely and accurately and shall not  be legally obligated to read, act on or respond to any such submitted  information.
 
General
Epicurean® and Tempo Media Group are established businesses  in the State of Minnesota, USA. You agree that this agreement and your use of this  Web Site are governed by the laws of the State of Minnesota, USA. You hereby  consent to the exclusive jurisdiction and venue of the courts, tribunals,  agencies and other dispute resolution organizations in Duluth, MN, USA in all  disputes (a) arising out of, relating to, or concerning this Web Site and/or  this agreement, (b) in which this Web Site and/or this agreement is an issue or  a material fact, or (c) in which this Web Site and/or this agreement is  referenced in a paper filed in a court, tribunal, agency or other dispute  resolution organization. Use of this Web Site is unauthorized in any  jurisdiction that does not give full effect to all provisions of this agreement,  including without limitation this paragraph and the warranty disclaimers and  liability exclusions above. Epicurean® has endeavored to  comply with all legal requirements known to it in creating and maintaining this  Web Site, but makes no representation that materials on this Web Site are  appropriate or available for use in any particular jurisdiction. Use of this  Web Site is unauthorized in any jurisdiction where all or any portion of this  Web Site may violate any legal requirements and you agree not to access this  Web Site in any such jurisdiction. You are responsible for compliance with  applicable laws. Any use in contravention of this provision or any provision of  this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most  closely matches the intent of the original provision and the remainder of the  agreement shall govern such use.
 
With the prior agreement of Epicurean®, any claim, dispute or  controversy arising out of, relating to or concerning this Web Site and/or this  agreement shall be decided by binding arbitration in accordance with the Rules  of the American Arbitration Association and any such arbitration proceedings  shall be brought and held in Duluth, MN, USA. The decisions of the arbitrators  shall be binding and conclusive upon all parties involved and judgment upon any  award of the arbitrators may be entered by any court having competent  jurisdiction. This provision shall be specifically enforceable in any court of  competent jurisdiction.
 
You agree that no joint venture, partnership, employment or agency relationship  exists between you and Epicurean® as a result of this  agreement or your use of this Web Site.
 
Epicurean®’s performance of this agreement is subject to  existing laws and legal process and nothing contained in this agreement is in  derogation of Epicurean®’s right to comply with law enforcement  requests or requirements relating to your use of this Web Site or information  provided to or gathered by Epicurean® with respect to such use.

This agreement and terms of sale constitute the entire agreement between you  and Epicurean® with respect to this Web Site. This agreement  supersedes all prior or contemporaneous communications and proposals, whether  electronic, oral or written, between you and Epicurean® with  respect to this Web Site. No modification of this agreement shall be effective  unless it is authored by Epicurean® or its affiliates, or  unless it is physically signed in ink by an Epicurean®  officer. Any alleged waiver of any breach of this agreement shall not be deemed  to be a waiver of any future breach. A printed version of this agreement and/or  of any notice given by Epicurean® in electronic form shall be  admissible in judicial or administrative proceedings based upon or relating to  this agreement or your use of this Web Site to the same extent and subject to  the same conditions as other business documents and records originally  generated and maintained by Epicurean® in printed form.

Privacy & Collected Information
Epicurean® is committed to ensuring the privacy and security  of our customers. We value your business and your trust. We will not share or  sell your information (period).
 
We collect user specific information about the pages you visit as well as any  personal information you volunteer while visiting the site.

Epicurean® collects this information in an effort to  provide superior customer service, improve the content of our Web  Site and your shopping experience. We may also use this information to notify  you about updates to our Web Site, special offers or upcoming events. If you do  not want to receive promotional emails from Epicurean®, you  can opt out anytime using the link provided in all newsletter emails.
 
Shopping Experience

If you order a product from us, Epicurean® places your name in  our secure/encrypted customer database. Epicurean® does not  share any customer information with any 3rd parties for any reason except  for fulfilling an order. For example, FedEx requires shipping information to  deliver merchandise purchased on epicureancommercial.com.
 
If you supply us with your telephone number or email address online, you may  receive a customer service call regarding an order you placed. Epicurean® will only contact you to ensure superior customer service and  order delivery. We will not call you for any marketing or promotional purposes.
 
Security
Epicurean® utilizes the latest technology for shopping and  ecommerce security. This Web Site has security measures in place to protect the  loss, misuse and alteration of the information under our control. All orders  are transmitted over secure Internet connections using SSL (Secure Sockets  Layer) encryption technology. All of your personal information including your  credit card information and sign-in password are stored in encrypted format at  all times. This website, and more importantly all user information, is further  protected by a multi-layer firewall based security system. Visa, Mastercard, SBS  Inc. and Authorize.net also take significant security measures to protect your information.
 
To ensure that your connection is secure, look at the web address bar in your  browser. When accessing a secure server, the first characters of the site  address will be "https".  When  submitting sensitive information, ensure that the address in your address bar  begins with https://www.epicureancommercial.com/.  For further confirmation that you are  connected securely, look to the right of the address bar on top (IE6, Opera) or  in the status bar at the bottom of the browser window (IE7, Firefox) after  accessing the server. If you see an unbroken key or a closed lock (depending on  your browser), then SSL is active and the server is secure.

If you ever are concerned with security or are encountering security  problems or concerns with your own computer, please don't hesitate to contact  us by phone to place your order: 1.866.678.3500.

Removal/Editing of Information
If you register in our shopping cart, you can edit your information from there.  You can remove yourself from all newsletters by opting-out using a link  provided in all of our newsletters.
 
If you have any other questions or needs pertaining to your personal  information, please call us at 1.866.678.3500.
 
Thank you for your trust and your business! 

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