Gutwein Popcorn Legal Policy
The use of www.gpopcorn.com (“Site”) or any other website owned or maintained by Gutwein Popcorn Company, LLC, a limited liability company organized and existing under the laws of the State of Indiana (“Company”) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this Site signifies your acceptance of the terms and conditions set forth below. Your order placed on this Site signifies your acceptance of the terms and conditions set forth below.
1. Privacy & Security; Disclosure
2. Shipping Policies
Company ships orders within the 50 United States via UPS. Depending on product availability, orders shipped usually arrive within 3-5 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery.
3. Delivery Confirmation
Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
4. Return and Cancellation Policy
If you are unsatisfied with our product, you may return the unused portion 14 days from the date that the product was originally shipped to you for a full refund according to the following terms. To obtain a full refund, your return must be approved and postmarked 14 days from the date that the product was originally shipped to you.
The following terms apply for all returned items:
? To return a product for an exchange or full refund you will need to obtain a Return Merchandize Authorization (RMA) number by contacting the billing department at 219.567.2121.
? An RMA number can ONLY be obtained by contacting the billing department at 219.567.2121.
? Company cannot process or refund packages marked “Return to Sender.”
? Refunds will be issued to the same credit card that was charged when ordering the product.
? Shipping charges and return shipping charges are not refundable in any case.
? To ensure a refund is processed for you, please send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.
Returned products must be sent to the following address:
Gutwein Popcorn Company
PO Box 7
3215 S 1450 W
Francesville, IN 47946
Company is not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.
After the shipping department receives your return, it generally takes 7 business days or sooner to process your refund. Once a return is processed, it usually takes 5 business days for this return to be posted to your account, depending on your financial institution.
5. Chargeback Policy
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on this Site. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on this Site, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
6. Third Party Interactions
During use of this Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Company does not endorse any sites on the Internet that are linked through this Site. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
7. Ordering Disclaimer
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, notify the card holder and the proper authorities.
8. Product Disclaimers; Disclaimers of Warranty
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY'S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
9. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Company may give notice by means of a general notice on the Site, electronic mail to your e-mail address on record in Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company's account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or one (1) hour after sending (if sent by e-mail). You may give notice to Company (such notice shall be deemed given when received by Company) at any time by a letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Company at the following address: Gutwein Popcorn, P.O. Box 7, Francesville, IN 47946, addressed to the attention of: Harvey Gutwein.
11. Modification to Terms
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
With respect to U.S. Customers, this Agreement shall be governed by Indiana law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Indiana. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of this Site. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
14. Questions or Additional Information: