WILBUR STORE—TERMS AND CONDITIONS
[Updated September 15, 2021]
Agreements governing your use of password-protected areas of this site
By registering in a password-protected area of this Site, you represent and warrant that :
- You are at least 18 years of age.
- The information that you provide as part of the registration process and otherwise is true, correct and not misleading.
- You will use your User ID and password only to access the areas you have access to and not for any other purpose.
- You will keep your password confidential at all times, not disclose your password or permit anyone else to use your password, and prevent the unauthorized use of your User ID and password. Any act or omission by anyone to whom you disclose your password will be treated as if you had committed the act or omission.
- You will notify Cargill immediately if you suspect that anyone else has access to your User ID and password.
- You will notify Cargill immediately if You receive any information through this Site that You should not have access to.
- You will not disseminate or disclose information or data provided to you through password-protected area of this Site (unless otherwise publicly available) and acknowledge that the material contained on this Site may be commercially sensitive and confidential to Cargill.
Cargill may cancel or limit your access to or use of this Site including suspending or terminating Your user registration if You breach any of those terms and conditions. Cargill also may change your password and User ID at any time in its sole discretion.
We welcome Your comments, feedback, suggestions, and other communications regarding this Site and the information and services we make available through this Site (collectively, “Feedback”). The Feedback You provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in Your Feedback, including all copyrights and other intellectual property rights in Your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback 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 Feedback that You do not wish to assign to us. By posting Feedback, you represent and warrant that (i) You own or otherwise control all of the rights to the Feedback and can grant Cargill the rights herein; (ii) Your Feedback is truthful and accurate, and (iii) Your Feedback fully complies with applicable laws and will not cause injury to any person or entity.
Ownership of site and content
Except as expressly set forth in the Terms and Conditions governing Authorized Users’ use of the Service, all rights, title and interests in this Site, including all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through this Site (collectively, “Content”) are owned by Cargill or by third parties who have licensed or provided their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and Cargill owns the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.
Some of the information, articles and other materials available through this Site are provided to Cargill by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for Your interest and convenience only. Cargill does not endorse these materials or the vendors who supply them to us, nor does Cargill warrant or represent that these materials are current, accurate, complete or reliable.
The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of members of Cargill, its affiliates, or third parties. You may not use any Trademarks displayed on this Site without the prior express written permission of Cargill or the trademark owner.
Links to third-party Web sites
Links to other Cargill Web sites
Disclaimer of warranties
Your use of THIS SITE and all of the content, products and services made available through THIS SITE, is at your sole risk. THIS SITE, and all of the content, products and services made available THROUGH THIS SITE, IS provided on an "as is" and "as available" basis, without representations or warranties of any kind whatsoever. to the fullest extent permitted by law, CARGILL, ITS AFFILIATES AND their respective directors, OFFICERS, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether express, implied, or statutory, with respect to THIS SITE; the content, products and services made available through THIS SITE; your use of THIS SITE; or any Web sites to which THIS SITE IS linked. Without limiting the generality of the foregoing, Cargill, ITS AFFILIATES AND their respective directors, OFFICERS, employees, agents, licensors and service providers disclaim all representations and warranties (A) of merchantability, fitness for a particular purpose, title and non-infringement; (b) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (c) regarding the security of this site or our systems; (d) that the content is accurate, complete, current, relevant or reliable; or (e) that your use of THIS SITE will be uninterrupted or error-free.
Some jurisdictions do not allow the limitation of certain warranties, so some of these disclaimers may not apply to you.
Errors, Inaccuracies and Omissions
We make every effort to present the most recent, accurate, and reliable information on this Site at all times. However, occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed.
Limitation of liability
UNDER NO CIRCUMSTANCES, SHALL CARGILL, ITS AFFILIATES, OR THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, SAVINGS, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR IN CONNECTION WITH THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.
IN NO EVENT SHALL CARGILL, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, AGGREGATE LIABILITY HEREUNDER TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS SITE EXCEED USD 100.00.
EACH OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF CARGILL OR ONE OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Modification and discontinuation
We reserve the right to discontinue or modify this Site at any time without prior notice.
Governing law, jurisdiction and venue
- Submit your query via our Contact Us form
- Write to us at:
Cargill Corporate Affairs #50
PO Box 9300
Minneapolis, MN 55440-9300
WILBUR STORE—TERMS AND CONDITIONS
PART 2: TERMS AND CONDITIONS OF SALE
[Updated September 15, 2021]
Welcome to the Wilbur Store (this “Site”). These terms and conditions of sale govern purchases from Cargill Cocoa & Chocolate, Inc., and its parent company, Cargill, Incorporated (collectively, “Cargill,” “we,” “us,” “our”) of Wilbur products and other products and merchandise (“Products”) through this Site or the Wilbur catalog. As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Site.
Terms and Conditions of Sales
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. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
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) LEGAL AGE TO FORM A BINDING CONTRACT WITH CARGILL COCOA & CHOCOLATE, INC., A SUBSIDIARY GROUP OF CARGILL, INCORPORATED ( “SELLER”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Sale Terms") apply to the purchase and sale of products and services through the Wilbur store. These Sale Terms are subject to change by Cargill without prior written notice at any time, in our sole discretion. The latest version of these Sale Terms will be posted on this Site, and you should review these Sale Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Sale Terms will constitute your acceptance of and agreement to such changes.
Terms to Govern: These Sale Terms set forth the entire understanding between you (“Buyer”) and Seller, and supersede all other agreements with respect to the subject matter of these Sale Terms.
Products: Seller reserves the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Orders: Buyer shall review any purchase orders before submitting for payment and fulfilment. Seller reserves the right at any time after receipt of an order to accept or decline or cancel the order (in whole or in part) for any reason. In the event that Seller makes a change to, or cancel an order, Seller may attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided by Buyer at the time the order was placed. Seller may also require additional verifications or information before accepting any order. An order is not accepted until it is shipped and Buyer’s account will be charged as soon as Buyer successfully places an order. Buyer may attempt to cancel an order before it ships by contacting customer service as displayed on the website. Seller does not guarantee that any attempts to cancel will be successful.
Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made at our store. Buyer agree to promptly update their account and other information, including their email address and credit card numbers and expiration dates, to allow for complete and accurate transactions.
Payment: Seller accepts payment for orders via the following options: Visa, Mastercard, American Express, Discover. Seller also accepts pre-ship payment by check (product or merchandise will not ship until check is received). Seller only accepts payment in US dollars. Any refunds by Seller to Buyer in accordance with the Limitation of Liability section below, will be performed in the form of a reversal of charges.
Warranties and Disclaimers: Seller represents and warrants that, as of the time and at the place of delivery, (i) Seller has the right to convey good title to the goods and/or services and (ii) the goods and/or services delivered will conform to specifications provided in the description for the goods and/or services on the SITE. EXCEPT FOR THE FOREGOING, SELLER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Seller’s Intellectual Property: Buyer may not use Seller’s trade names, trademarks, logos, service marks, or other proprietary marks.
Limitation of Liability: Any claim by Buyer (i) that any goods or services do not conform to the agreed-specifications (i.e. defective), (ii) are damaged, (iii) are incorrect items, or (iv) made otherwise with respect to the food goods must be made promptly and will be deemed to be waived unless received, in writing, by Seller within five (5) days after the delivery of the food goods. Buyer’s exclusive remedy and Seller’s exclusive liability for delivery of nonconforming food goods or for breach of warranty is expressly limited to, at Seller’s option, (i) replacement of the nonconforming food goods or (ii) refund of the purchase price to the extent already paid. All nonconforming food goods must be returned to Seller or, at Seller’s direction, disposed of by Buyer in a manner acceptable to Buyer and Seller. IN NO EVENT SHALL BUYER RESELL ANY GOODS OR SERVICES PURCHASED FROM SELLER. IN NO EVENT WILL SELLER BE LIABLE TO BUYER, OR TO ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF WHATSOEVER NATURE.
Product Returns: Buyer may return food items that are (i) damaged, (ii) incorrect items, or (iii) non-conforming goods as provided under “Limitation of Liability” above, and will follow the return instructions from Seller. Except for (i)-(iii) in the preceding sentence, Buyer is responsible for all shipping and handling charges on returned items, provided Seller asks for items to be returned, and bears the risk of loss during shipment. All returns are subject to Seller’s return policy posted here.
Buyer Indemnity and Breach: Buyer agrees to indemnify Seller from any and all liability that may arise from the delivery, use, storage, transportation, or resale of the goods. If Buyer breaches any of its obligations hereunder, Seller has the right to immediately terminate these Sales Terms, in whole or in part, as well as any transactions thereunder, and pursue any other remedy available to Seller under these Sales Terms or applicable law.
Price Increase and Changes, Tax, and Cancellations: Prices quoted on the Site are for standard products and services only. Any additional charges, which may include, but is not limited to, sales tax, shipping costs, and any applicable customs and importation fees will be displayed when you are ready to submit your order. Seller will also have the right, at Seller’s option, to add to the Price any increase in the cost of production because of any legislation passed or regulations issued after the date of any order or order confirmation. All sales are final, but you may change or cancel your order before it ships.
Risk of Loss/Transfer of Title: Buyer will assume title to the goods and will assume risk of loss when the product(s) in the order is shipped.