Terms and Conditions

This Terms of Use agreement sets forth the agreement between EFFi Foods, ("EFFi Foods" or "we") and each user ("you" or "user") governing the use by you of the www.effifoods.com website ("website"). Please read this agreement carefully before using this website. By using this website, you signify your assent to this Terms of Use agreement. If you do not agree to the terms and conditions contained in this Terms of Use agreement, you may not access or otherwise use this site.

EFFi Foods may change these Terms of Use agreement, at EFFi Foods' sole discretion. It is the responsibility of customers and other interested parties to periodically visit this section of the website to review the current version of these Terms of Use.

These Terms of Use agreement apply exclusively to the user's use of this website and do not alter the terms or conditions of any other agreement the user may have with EFFi Foods.

Trademarks

The brand names, slogans, characters and other trademarks, as well as the package designs of all EFFi Foods' products and promotions displayed on the website are registered and unregistered Trademarks of EFFi Foods. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of EFFi Foods or such third party that may own the Trademarks displayed on the website. The user's use of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.

Design and Layout

The design of the website is the property of EFFi Foods. Elements of the website, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.

Exclusions, No Warranty Disclaimer

The information on this website is provided on an "as is" basis, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law, EFFi Foods:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by an affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or EFFi Foods' literature. Additionally EFFi Foods does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials;
  • excludes all liability for damages arising out of or in connection with the use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised EFFi Foods of the possibility of such potential loss), damage caused to computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • The above exclusions and limitations apply only to the extent permitted by law. None of the statutory rights as a consumer are affected.

    Because of the possibility of human error and changes in medical science, EFFi Foods does not warrant that the information contained in this website is complete, accurate, current or reliable. EFFi Foods makes no representations or warranties, express or implied. Information contained in this website, is provided for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem.

    Websites/pages (other than EFFi Foods websites/pages) referred to or linked from this website are not under the control of EFFi Foods. Accordingly, EFFi Foods can make no representation concerning the content of these sites, nor can the fact that EFFi Foods has listed these links serve as an endorsement by EFFi Foods of the sites or any information or further links contained on those sites. EFFi Foods is providing these links only as a convenience to the user. This is to inform the user that EFFi Foods has not reviewed these sites and therefore cannot make any representations regarding the quality or reliability of any information found on these sites.

    Limitation of Liability

    EFFi Foods and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this website, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between EFFi Foods and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law. Notwithstanding the foregoing, the sole and entire maximum liability of EFFi Foods and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from EFFi Foods on this site.

    You agree to indemnify, defend and hold harmless EFFi Foods and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

    All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

    Your account

    If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EFFi Foods is not responsible for third party access to your account that results from theft or misappropriation of your account, EFFi Foods and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit a content in our sole discretion.

    EFFi Foods does not knowingly collect, either online or offline, personal information from personal under the age or thirteen. If you are under 18, you may use www.effifoods.com only with permission of a parent or guardian.

    Privacy

    The user's use of www.effifoods.com is subject to EFFi Foods' Privacy Policy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices.

    Orders & Pricing

    EFFi Foods retains the rights to cancel any order at any time. If an order is cancelled, the proper credit will be issued back to the customer usually within 24 to 48 business hours. EFFi Foods retains the right to ship to only countries or addresses with which it feels are safe and non-fraudulent. Pricing and availability on our website is subject to change at any time without notice. Our pricing is based on "standard order weights". Any deviation from standard order sizes may be subject to additional shipping and handling charges. We will contact you with these charges before shipping your order. If you do not wish to accept these additional charges, you may cancel your order. All orders must be inspected within 48 hours of receipt to be eligible for a full refund or returned within 30 days.

    Credit Card & Debit Card Payments

    When you place an order with EFFi Foods, your card will be "authorized" for the entire order amount. For some credit cards this will appear as if it was an actual charge however, it is simply an authorization of us setting the funds aside in your account to capture when your order ships.

    A card "authorization" is provided to merchants upon the initial order to guarantee that the merchant will be able to charge a credit or debit card for the purchase amount when an order ships. This "authorization" will set aside funds on the credit or debit card to cover the purchase that was made. A credit or debit card "charge" is the actual transfer of funds from the credit card agency or bank to the merchant for the sale. If an order is not shipped or cancelled, the "authorization" will automatically be removed within 3 business days (depending on your individual bank) by the card company and those funds will be released back to your account.

    When using a debit card the authorization will freeze these funds in your account. EFFi Foods is not responsible for any bank fees associated with authorization of debit cards regarding checking accounts.

    Severability - Interpretation

    If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."

    Entire Agreement - Amendments

    This agreement constitutes the entire and only agreement between EFFi Foods and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. EFFi Foods may, in its sole discretion, amend this Terms of Use agreement from time to time.

    Violation of Terms of Use

    The user acknowledges that EFFi Foods has the right, at its sole discretion, to terminate the user's access to the website, without liability to the user or any third party, if the user violates any of these Terms of Use, violates the rights of EFFi Foods, interferes with any other user's access or use of the website, or if EFFi Foods decides that the user's use is otherwise detrimental to EFFi Foods, the website, or EFFi Foods' suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact EFFi Foods at info@effifoods.com. EFFi Foods may decide, at its discretion, to investigate the report and decide, at its sole discretion, to take any action relating to that report. EFFi Foods does not have any obligation or liability to the user for the performance or nonperformance of those activities.

    Governing Law

    These Terms of Use are governed by the laws of the State of California, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. The user agrees to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the website, or the user's use or review of it. The failure of EFFi Foods to enforce any provision or right of these Terms of

    Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

    You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of EFFi Foods and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

    This document was last updated on January 7, 2014.