Viand Terms and Conditions of Sale
This Agreement contains the Terms and Conditions that apply to your ("Customer") order/purchase from Viand Corporation, a State of New York Corporation. By ordering/purchasing products from Viand, Customer agrees to be bound by and accepts these Terms and Conditions:
1. Governing Law: This Agreement and any sales thereunder, including but not limited to, retail and wholesale orders/purchases via the Viand.net website and by phone, shall be deemed to have been made in the State of New York and shall be construed and interpreted according to the laws of the State of New York and the applicable laws of the United States.
2. Payment Terms: Payment must be issued to Viand. in full, prior to shipment of Customer's order.
3. Shipping Charges: Customer must pay a separate fee for Shipping. The "Shipping" charge comprises both the cost of shipment and associated costs.
4. Order Cancellation: If you cancel your order BEFORE it is shipped, you will be assessed no fees before your refund is issued. (***Please note that orders are processed immediately after being placed and most ship same day.***) If you cancel your order AFTER it has shipped, please follow our Return Policy below. The cancellation will have to be treated as a Return. Orders which are REFUSED AT DELIVERY will be assessed applicable fees, including shipping cost (to the destination address and back to Viand).
5. Return policy: Please see Shipping & Delivery for more details
6. Changes: Viand regularly improves its products. Viand may alter and discontinue its products at any time without notice or limitation.
7. Limitation of Liability: Customer agrees that for any liability related to the purchase of Viand products, Viand is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the products.
8. Dispute Resolution: This agreement shall be governed by interpreted by and construed in accordance with the laws of the State of New York. In the event of a dispute, Customer agrees to first enter into a good faith negotiation with Viand. The good faith negotiation shall commence by each party communicating their position in writing regarding the complaint, claim, dispute, or controversy to the other party and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence a court action unless and until the good faith negotiation fails. In the event that the good faith negotiation fails and a court action commences, it shall take place in the venue and under the exclusive jurisdiction of the applicable court(s) in nearest proximity to Elmsford, New York.
Viand Terms and Conditions of Sale -- Effective Date: 1/1/2012