1. Copyrights. All Site design, text, graphics, pictures, the selection and arrangement thereof, and all software (collectively, “Copyrighted Material”) are owned exclusively by Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli grants you a non-exclusive, revocable license to view, electronically copy and print portions of the Site for the sole purpose of placing an order with Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli or using the Site as a shopping resource. Any other use of materials on the Site, including reproduction, modification, distribution, or republication, without the prior written permission of Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli, is strictly prohibited.
2. Trademarks. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli, the Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli design, all titles, graphics and icons on the Site (collectively, the “Trademarks”) are owned exclusively by Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli. All unauthorized use of the Trademarks are strictly prohibited. All copying or imitation of the design and layout of the Site is strictly prohibited. All other trademarks, product names and company names or logos herein are the property of their respective owners.
3. Use. You may only access and use the Site for your own non-commercial, informational, and personal use. You are strictly prohibited from making any public or commercial use of the material contained on the Site, including without limitation all Copyrighted Material, Trademarks, and pricing information, without the written permission of Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli.
4. Product Information. Although Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli has attempted to provide accurate information on the Site as a service to its users, Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of any nutritional information or ingredient listings of products.
5. Links to Other Sites. As a convenience to Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli users, the Site may contain links to web sites maintained by third parties. These web sites are not under the control of Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli, and Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli is not responsible for any material on, or privacy practices of, such web sites.
6. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED “AS IS,” AND MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, AND PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. No warranty is given that access to any information or materials on the Site, or this Site as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected. Further, no warranty is given that the Site or any information or materials are free from any virus or other malicious, destructive or corrupting code, agent, program, or macros. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli may change the programs or products mentioned at any time without notice. Mention of non-Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
7. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND THE MATERIALS ACCESSIBLE ON OR FROM THE SITE, EVEN IF MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
9. Applicable Laws. Export of any material from the Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli Site outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. ANY CLAIMS RELATING TO THE MATERIALS OR THE SITE WILL BE GOVERNED BY TEXAS LAW, EXCLUDING ITS CONFLICTS OF LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE WITH MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI ARISING OUT OF YOUR USE OF THE SITE WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SITUATED IN THE STATE OF TEXAS, AND YOU HEREBY AGREE THAT SUCH VENUE IS APPROPRIATE.
10. Revisions to Terms and Conditions. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli makes a request to you to stop using and/or to promptly return or destroy any copies of the materials displayed on the Site, you will comply immediately with this request and will confirm in writing to Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli within ten (10) days that you have done so.
Conditions of Sale
PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS SECTION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI AND YOU (THE “CUSTOMER”) FOR THE SALE OF PRODUCTS BY MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI TO YOU. BY ORDERING PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Products. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli may revise or discontinue products at any time. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli will ship products that have the same qualities and characteristics of the products ordered, but changes between what is shipped and what is described on the Site are possible, and Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli reserves the right to substitute with an equivalent or better product. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli reserves the right, without prior notification and in its sole discretion, to limit the order quantity on any item and/or refuse service to anyone.
2. Orders, Payment, No Resale. Orders are subject to acceptance by Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli. Payment must be received by Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli prior to Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli’s acceptance of an order and must be made by credit card or other prearranged payment method. Customer will pay interest on all past-due sums at the highest rate allowed by law.
3. Taxes. Customer is responsible for all applicable taxes that may be levied on the sale of Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli products, including without limitation, duties, customs, sales, and withholding taxes. Customer is not responsible for Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli’s franchise taxes or taxes on Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli’s income. If applicable, a separate charge for taxes will be shown on Customer’s invoice.
4. Shipping. Customer is responsible for all shipping and handling charges. A separate charge for shipping and handling will be shown on Customer’s invoice. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli will provide a refund for damaged items in accordance with its refund policies.
5. Exchanges. From time to time, Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli’s exchange policies in effect on the date of the exchange.
6. Returns. In the event of a problem with a product, Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli will use reasonable efforts to correct the problem in accordance with Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli’s satisfaction policy.
7. Limited Warranties. Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli disclaims all warranties, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability. EXCEPT FOR PERSONAL INJURY OR DEATH, MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI’S TOTAL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, IS LIMITED TO THE PRICE YOU ACTUALLY PAID TO MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI FOR THE PRODUCTS MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI SOLD TO YOU WHICH FORM THE BASIS OF YOUR CLAIM. TO THE FULLEST EXTENT ALLOWED BY LAW, MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, EVEN IF MIKA’S GOURMET FOOD, LLC DBA OLD HEIDELBERG DELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
10. Governing Law. THIS CONTRACT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (EXCEPT AS PERTAINING TO CONFLICTS OF LAW). THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE FEDERAL AND/OR STATE COURTS LOCATED IN TARRANT COUNTY, TEXAS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS CONTRACT.
11. General Legal Provisions. Customer will comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire contract between Mika’s Gourmet Food, LLC DBA Old Heidelberg Deli and Customer. Any modifications of this contract must be in writing and signed by both parties. The waiver by one party of any default of the other party will not waive subsequent defaults of the same or different kind. Neither party will be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its control.
