Vigo Importing Company, Inc. owns and operates this Website ("Vigo", "VigoFoods.com", "Alessi Foods.com", "Vigo-Alessi.com", "Website", "we", "us", "our"). This document governs your relationship with VigoFoods.com, AlessiFoods.com, Vigo-Alessi.com, and any affiliated websites, apps, social media, or other remote or online presences ("Website"). Access to and use of this Website and the products and services available through this Website (collectively, the "Products") are subject to the following terms, conditions, and notices (the "Terms of Service"). Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the Website and is bound by these Terms of Service. If at any time you do not accept all of these Terms of Service, you must immediately stop using all or any part of the Website. By accessing or using the Services, you are agreeing to all of the Terms of Service. These terms may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; use any meta tags or any other hidden text utilizing Vigo's name or trademarks; cause annoyance to other users; harvest or collect personally identifiable information about other users of the Vigo Website; infringe upon the rights of any other person's proprietary rights; misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Vigo Website, or express or imply that we endorse any statement you make; use the Vigo Website to advertise or offer to sell or buy (other than from Vigo) any goods or services; send unsolicited or unauthorized email (commonly referred to as "spam") on behalf of Vigo, including promotions and/or advertising of products or services; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Vigo, Alessi and other related marks, design marks, product names, feature names and related logos used in the Vigo Website are trademarks of Vigo and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Vigo. In addition, the look and feel of the Vigo Website and Products constitute the service mark, trademark and/or trade dress of Vigo and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Vigo. Vigo's trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Vigo or suggests a sponsorship, affiliation or endorsement by Vigo.
Intellectual Property, Software and Content
All right, title and interest in the Website, including all copyrights, trademarks, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Vigo or its licensors. Nothing in these Terms of Service or otherwise will be deemed to grant to you any ownership interest in the Vigo Website, in whole or in part.
The intellectual property rights in all software and content, including photographic images, recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, data, music, software, and other material (collectively "Content") made available to you on or through this Website remain the property of Vigo or its licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights around the world. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Vigo owns a copyright in the selection, coordination, arrangement and enhancement thereof.
License and Access
Vigo grants you a limited license to access and make personal use of the Vigo Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Vigo Website or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.
User Reviews, Comments, and Submissions
If the Vigo Website allows you to submit reviews, comments, and other communications, photos, videos, or any other content ("User Content") through or to the Vigo Website, Vigo welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Vigo assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Vigo a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, DO NOT SEND US ANY USER CONTENT THAT YOU DO NOT WISH TO LICENSE TO US, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Vigo the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Vigo Website. Please note that visitors to the Vigo Website may post content that is inaccurate, misleading, or deceptive. Vigo neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Vigo will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Vigo.
We provide information through the Vigo Website for your information and enjoyment. Your use of the Vigo Website is strictly voluntary. Because some of the information in the Vigo Website may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Vigo Website, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury, allergic reaction, or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Vigo, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by Vigo through the Vigo Website.
Limitation of Liability
Under no circumstances shall Vigo or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the Vigo website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if Vigo has been advised of or should have known of the possibility of such damages. Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and Vigo. This allocation is an essential element of the basis of the bargain between you and Vigo. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s). If you are dissatisfied with the Vigo website, any content on the Vigo website, or these terms & conditions, your sole and exclusive remedy is to discontinue using the Vigo website. You acknowledge, by your use of the Vigo website, that your use of the Vigo website is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.
Indemnification and Defense
As a condition of the use of the Vigo Website, you agree to defend, indemnify, and hold harmless Vigo and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Vigo Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Notices and Electronic Communications
In the case of notices Vigo sends to you, you consent to receive notices and other communications by Vigo posting notices on the Vigo Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Vigo provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Vigo Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Neither party shall be liable for any failure to perform or delay in performance of these Terms of Service to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, or any cause beyond such party's commercially reasonable control.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Vigo with respect to the Vigo Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Vigo Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Terms of Sale
Ordering and Payment
Our online store is available 24/7. Our customer service representatives are available to answer your questions and assist you with orders from Monday - Friday from 9:00am - 4:00 pm EST, excluding holidays. We accept most major credit cards for payment. We accept payments by check but your order will not be shipped until the check has cleared. If you have any problems using your credit card to complete an order, please call our customer service department and we'll be happy to assist you.
Where We Deliver
We offer delivery to the contiguous United States. We are able to offer delivery to P.O. boxes, however larger packages may require that the customer pay additional shipping charges. We are unable to deliver to APO/FPO addresses. Hawaii and Alaska have an additional shipping charge. If you are looking to place an order to Alaska, Hawaii, or an address outside of the United States, please contact our customer service department for further details and assistance with your order.
Shipping to Apartments, Condo's or Gated Communities
If we are shipping to an apartment building or condo, the shipping carrier may not leave the package outside of your door. If you have a doorman or reception that typically receives packages the shipping carrier may leave the package with them. We cannot be responsible for a package if it is delivered to an apartment or condo and then not left at the door because nobody is home to receive the order. Some orders may require a signature, and someone must be home to receive the shipment.
If we are shipping to a gated community, you must make sure that someone is available to open the gate when the shipping carrier arrives, as packages will not be left at the front gate. We cannot be responsible for packages that are not left at a gated home because nobody is at the residence when the delivery is made. Some orders may require a signature, and someone must be home to receive the shipment.
Signature Release or Signature Required
Although your package may be sent without signature required, the decision to leave the package or not is at the sole discretion of the shipping carrier's delivery driver. If your area is deemed to be a high-crime or unsafe area, the driver may not leave the package. If they are delivering to an apartment or condo that does not have a receiving area for packages, the carrier's delivery driver also may not leave the package outside of your door. We cannot be responsible for packages that are not left due to circumstances like those described above. Please take care in having orders delivered to an address where you know someone will be home.
Packages are shipped using standard UPS or USPS. Expedited services are available, however they are at an additional charge to the customer. Please contact our customer service department if you need other forms of shipping.
We regularly update stock quantities on our site but due to production runs and purchasing trends we may run out of stock of an item. If you place your order and we find that we cannot provide the items in a timely manner we will contact you via phone or email and offer to send the item when stock is replenished, substitute your item, or refund your money. If we are unable to contact you within two to three business days we will refund your money.
Combating Fraud and Theft
We take a very active approach to combating fraud and theft, both with orders placed for our products and keeping your information safe and secure. It is a violation of State and Federal law to place orders under a false name or with an invalid or stolen credit card. We will take all steps possible to prosecute all people placing fraudulent orders to the fullest extent of the law possible. We actively work with the U.S. Secret Service, the FBI, and local law enforcement to prosecute anyone committing fraud online. If we deem any order as a potential for fraud, we may require additional information to confirm the validity of your order, including a picture of the credit card used along with a valid government issued identification.
We take equal steps to ensure that when you order with us your information is protected and secure. We employ advanced encryption methods and use SSL technology to ensure that any information you submit to us is safe and secure. We also work with independent third party companies that monitor our website daily and notify us of any potential vulnerability that a hacker could exploit, which, if found, we then immediately correct.
Order Cancellation / Modification
We will honor all order cancelation and modification requests as much as possible. However, we do pack many orders a day, and if your order has already been packed it may be impossible to cancel or modify it simply because it can be one box out of hundreds shipping out and we might not be able to find it. During November and December simply due to the sheer volume of holiday orders, we are not able to cancel or modify orders once they are placed.
We cannot accept returns of any soft boxed food items. If you are looking to make a return you must contact us within 2 business days of receiving the product to request a return. Any returned merchandise can only be accepted if it is in perfect resalable condition. Note that there will be a 5% or $5 restocking fee, whichever is greater.
Defective or Damaged Merchandise
We take all measures possible to assure your order is received intact and in proper condition. In the event that you receive a defective or damaged product, please contact us immediately after receiving your order. Please do not throw anything out or discard any items, as we may require the best by date or other codes from the package. To help us resolve any defective or damaged merchandise we may ask you to take a picture of the item and then email it to customer service or possibly send the package back to us. Depending on the specific issue, we may choose to offer a replacement product, a store credit, a credit to your order, or by any other means we feel appropriate.
Our products are subject to availability, weather, and seasonal variations. We reserve the right to make changes to our pricing to reflect changes in market supply. We pledge to make the customer aware of any changes as soon as it is possible.
Should you have any questions, please contact our customer service department.