These Terms and Conditions May Change
DEAN & DELUCA reserves the right to update or modify these terms and conditions
at any time without prior notice. Your use of the deandeluca.com 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 each time you use this Web site.
Use of Web Site
The deandeluca.com Web site is for the sole use of individuals and entities wishing
to review, consider, purchase or otherwise engage in retail transactions involving
DEAN & DELUCA’s goods and services and/or to otherwise transact business with
or contact DEAN & DELUCA, on their own behalf (or, in the case of a gift or
a corporate transaction, on behalf of their intended recipients). No information
concerning the transactional preferences of an individual customer (whether such
customer is a person or an entity) can be entered, altered, modified or otherwise
affected, by any third party on behalf of such individual customer. In particular,
DEAN & DELUCA expressly prohibits third parties from opting out of DEAN &
DELUCA’s services and/or contacts on behalf of a DEAN & DELUCA customer or other
person or entity, without both (a) DEAN & DELUCA’s full knowledge as to the
surrogate action being taken and (b) DEAN & DELUCA’s express permission. This
prohibition is intended to protect the privacy and freedom of DEAN & DELUCA’s
customers and the personal relationship DEAN & DELUCA works to develop with
its customers and others authorized to use its site.
All of the content you see on this Web site, including, for example, but not limited
to, all of the page headers, images, illustrations, graphics, audio clips, video
clips, and text (referred to herein as the "Content") is the exclusive
property of DEAN & DELUCA and/or is subject to trademark, service mark, trade
dress, copyright and/or other intellectual property rights or licenses held by DEAN
& DELUCA, by one of its affiliates or by third parties who have licensed or
assigned their rights, interests and/or materials to DEAN & DELUCA. The entire
Content of the deandeluca.com Web site is copyrighted as a collective work under
U.S. and other applicable copyright laws, and DEAN & DELUCA owns a copyright
in the selection, coordination, arrangement and enhancement of the Content. The
Content of the deandeluca.com Web site, and the Web site as a whole, are intended
solely for the personal and non-commercial use of the users of our site. As such
a user, you may download, print and store selected portions of the Content, but
only if (1) you use any such copies of the Content only for your own personal and
non-commercial use, (2) you do not copy or post the Content on any network computer
or broadcast the Content in any media and/or in any form or format, (3) you do not
modify or alter the Content in any way, or delete or change any copyright or trademark
notice, and (4) you properly credit any intellectual property rights to DEAN &
DELUCA. No right, title or interest in any downloaded or copied materials are transferred
to you as a result of any such downloading or copying. DEAN & DELUCA reserves
complete title and full intellectual property rights in any Content you download
from this Web site. Except as noted above, you may not copy, download, reproduce,
modify, publish, distribute, transmit, transfer or create derivative works from
the Content without first obtaining the express written permission of DEAN &
DEAN & DELUCA® and DEANDELUCA.COM® are registered trademarks of DEAN & DELUCA.
All other DEAN & DELUCA trademarks, service marks, domain names, logos,
company names and indicia of origin referred to on the Web Site are the property
of DEAN & DELUCA. You may not use any trademark, service mark, domain
name, logo, company name, trade name or indicia of origin of DEAN & DELUCA or
any third party without permission from the owner. All rights are reserved.
All other trademarks, product and company names, and logos appearing on
www.deandeluca.com are the property of their respective owners.
We welcome your comments regarding the deandeluca.com Web site. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications (collectively,
"Comments") sent to deandeluca.com shall be and remain the exclusive property
of DEAN & DELUCA. Your submission of any such Comments shall constitute an assignment
to DEAN & DELUCA of all worldwide rights, titles and interests in all copyrights
and other intellectual property rights in the Comments. DEAN & DELUCA
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.
Hyperlinks to Other Websites
To the extent our Web Site contains hyperlinks to outside services and resources,
the availability and content of which DEAN & DELUCA does not control, any concerns
regarding any such service or resource, or any hyperlink thereto, should be directed
to the particular outside service or resource.
The deandeluca.com gift message services available to our customers are subject
to the following guidelines. Out of respect for all of our guests, we ask that you
do not use obscene, profane or threatening language in gift messages. Examples of
the kinds of conduct or content that are prohibited in deandeluca.com gift messages
include, but are not limited to:
- The transmission of any content that
violates, facilitates the violation of, or could violate or facilitate the violation
of any applicable law, regulation, or DEAN & DELUCA rule or policy.
- The transmission of any content that
is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully
discriminatory, harassing, threatening, harmful, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable.
- The impersonation of any person or entity
in any part of a gift message.
- The transmission of any content that
would violate the intellectual property rights of any other person or entity.
DEAN & DELUCA reserves the right, but is not obligated, to restrict or remove
any and all content from a gift message that we determine, in our sole discretion,
to violate these guidelines or applicable law or to be otherwise harmful to us,
to other DEAN & DELUCA customers, or to any other person or entity.
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.
Most products displayed on this site are available in select DEAN & DELUCA stores.
In some cases, merchandise displayed for sale on this site may not be available
at DEAN & DELUCA stores.
Product Pricing Information
The prices displayed on our Web site may differ from prices that are available in
stores or in catalogs, and our pricing may differ from store to store. The
prices displayed on this site are quoted in U.S. Dollars and are valid and effective
only in the United States. Furthermore, while we do our best to assure that the
taxes quoted for a particular order are accurate for the applicable location to
which the order is being shipped, should an erroneous quote be provided, we will
notify you of such error before finalizing and shipping your order. You will be
responsible for all applicable taxes, regardless of the amount quoted on this Web
site at the time of your order.
This Web site and all contents of this site are provided on an "as is"
basis without warranties of any kind, either express or implied, including without
limitation warranties of title or implied warranties of merchantability or fitness
for a particular purpose. You acknowledge, by your use of this Web site, that your
use of this Web site is at your sole risk, that you assume full responsibility for
all costs associated with all necessary servicing or repairs of any equipment you
use in connection with your use of our Web site, and that DEAN & DELUCA shall
not be liable for any damages of any kind related to your use of this Web site.
From time to time, there may be information on our Web site or in our catalog that
contains typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, and availability. DEAN & DELUCA reserves the right
to correct any errors, inaccuracies or omissions and to change or update information
at any time without prior notice (including after you have submitted your order).
You agree to defend, indemnify and hold DEAN & DELUCA harmless from and against
any and all claims, damages, costs and expenses, including attorneys'; fees, arising
from or related to your use of the site, including, without limitation, your use