Terms and conditions
Legal Information and Disclaimers

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

The materials on this website (the “Site”) are provided by Lactalis American Group, Inc. and its subsidiaries (collectively referred to as “Lactalis” or as “we”, “us” or “our”) as service to its customers. Single copies may be downloaded subject to the provisions below under the caption “Single Copy License.” Information on this Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. Lactalis may also make improvements, modifications, and/or enhancements in the products, programs and/or services described in this information at any time without notice. By ordering products or by downloading any materials from this Site, you agree to these terms. If you do not agree to them, do not use the Site or order products or download any materials from it.

CHEESE2U PRODUCT PURCHASE TERMS

Orders placed before 11am ET Monday - Thursday will ship on the same day. Orders placed after 11am ET Monday - Thursday will ship the following day. Orders placed after 11am ET Thursday through Sunday will ship the following Monday. If you have any special shipping needs, please contact us using the online chat box available at the Cheese2U Site.

The Cheese2U website chat box will be staffed from 9am-5pm on most business days. In an event that a customer service representative is not available, please leave a message for us in the chat box with your preferred contact information, and we will promptly get back to you.

To maintain the integrity of products after delivery, we recommend that you immediately refrigerate product upon delivery. To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your delivery date. The authorized representative can accept your goods when you are not present at the time you had scheduled for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If delivery is unattended, you, and not us, are solely responsible for products that are left at your delivery location.

We guarantee 100% satisfaction or 100% compensation. If you are unhappy with your product order for any reason, we’ll compensate you by either reshipping the product or fully refunding your order in accordance with the following provisions.

To receive a refund, you must return the product that you are not satisfied with (or the whole box if necessary). We will provide you with a shipping label for the return. We also ask that you complete a short review of your experience using a Site link that will be provided to you. We will accept refund requests within 48hrs upon your receipt of the order. To begin a product return process, please contact us using the Cheese2U website chat box.

You agree that your order is an offer to buy, under these terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices posted on this Site may be different than prices offered by other retail locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices may not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be displayed to you prior to order confirmation. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these terms and conditions. If there is a conflict between the terms for a promotion and these terms, the promotion terms will govern. Promo codes and coupons are not cumulative. Promo codes and coupons are valid for one-time-use only. If you have any questions regarding promotions or coupons, you can reach out to customer service via the chat box available on the Site.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

COPYRIGHT NOTICES

The works of authorship contained in this Site, including, but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by Lactalis or one of its affiliates, (“Site Works”). The Site Works may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Lactalis’s prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and the Canadian Copyright Act (R.S.C., c. C-42) and except for use of one copy in accordance with the license provisions below under the caption “Single Copy License.”

TRADEMARK / SERVICE MARK NOTICES

Président is a ® of B.S.A. Galbani is a ® of Edigio Galbani S.r.l. rondelé is a ® of Lactalis Deli, Inc. Société is a ® of Société des Caves. Pronativ is a ® of B.S.A. Black Diamond is a ® of Parmalat Canada, Inc. Any other featured logos, tradenames and trademarks are service or trademarks of their respective owners.

AVAILABILITY OF PRODUCTS, PROGRAMS AND SERVICES

Information on this Site may describe or reference products, programs and services that are not available in your area. Such references do not imply that Lactalis offers or intends to offer such products, programs or services in your country or locality. Consult with Lactalis for information regarding the products, programs and services that are available in your area.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE CHEESE2U SERVICE AND INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL LACTALIS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR OF ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER/NETWORK SYSTEMS OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL LACTALIS, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. THE TOTAL LIABILITY OF LACTALIS SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND TO TERMINATE THIS AGREEMENT. LACTALIS RESERVES THE RIGHT TO LIMIT YOUR ORDER OF THE QUANTITY OF A SPECIFIC PRODUCT THAT YOU ORDER. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF LACTALIS OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT LACTALIS OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SINGLE COPY LICENSE

The Site Works are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. You may download one copy of the Site Works found on the Site on a single computer for your personal, non-commercial, internal use only, unless specifically licensed to do otherwise by Lactalis in writing. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Site Works or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer or disassemble software Site Works; (c) remove any copyright or other proprietary notices from the Site Works; (d) transfer the Site Works to another person; or (e) permit any unauthorized copying of the Site Works. Lactalis, in its sole discretion, may terminate this license at any time, for cause. Upon termination, you will immediately destroy any copies of the Site Works in your possession.

RESTRICTED RIGHTS

The Site Works are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States, Canadian or any other Government is subject to the restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et. seq. and any similar or other governmental regulations, or their successors. Any use of the Site Works by the United States, Canadian or any other Government constitutes acknowledgment of Lactalis’s proprietary rights in them.

COMMUNICATIONS SUBMITTED

Any material, documents, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Any Communications that include Personal Information (as defined in our Data Privacy Policy) are subject to the terms and conditions of the Data Privacy Policy. Lactalis will have no obligations with respect to the Communications. If you transmit or post any Communications to the Site, you grant Lactalis and its designees an unrestricted, irrevocable license to copy, disclose, distribute, reproduce, perform, modify, transmit, license, sublicense, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, concepts, inventions, know-how, techniques and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

USE OF PERSONAL INFORMATION

Any personal information submitted to or collected by Lactalis on this Site is governed according to the Data Privacy Policy, a copy of which can be found here.

THIRD PARTY SITES

Lactalis makes no representations whatsoever about any other website which you may access through this Site, whether by hyperlink or otherwise. When you access a third party website, please understand that it is independent from the Site and that Lactalis has no control over the content on that website. Lactalis reserves the right to terminate any link or linking program at any time, without notice. Lactalis does not endorse companies or products to which it links and reserves the right to state this on its Site pages. If you access any third party websites linked to this Site, whether by hyperlink or otherwise, you do so entirely at your own risk. It is up to you to take precautions to ensure that whatever you select for your use is free of materials of a destructive nature, such as viruses, worms, Trojan horses and similar destructive files.

On our Site we offer payment via Stripe and the associated payment methods. If you choose payment via Stripe, the payment data entered by you are disclosed to Stripe. Information about how Stripe handles your personal information can be found at: https://stripe.com/privacy

Our Site also uses Google Analytics, a website analysis service. Website analysis refers to the collection, recording and analysis of data regarding the behavior of visitors to the website. A website analysis service records e.g. data showing from which website a data subject has come to a website (so-called referrer), which subpages of the website were accessed or how often and how long a subpage was viewed. Website analysis is used mainly for the optimization of a website and for a cost-benefit analysis of Internet adverting. Additional information and the applicable privacy policy of Google may be downloaded from https://policies.google.com/privacy?hl=de and from https://marketingplatform.google.com/about/analytics/terms/de/. Google Analytics is explained in more detail under this link: https://marketingplatform.google.com/about/.

APPLICABLE LAW

This Site is operated by Lactalis from its offices within the State of New York. Lactalis makes no representation that information on this Site is appropriate or available for use in other locations, and access to the Site from locations where any such Site information is illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any Site information in violation of U.S. export laws, rules and regulations. Any claim relating to the Site Works or other Site information shall be governed by the internal substantive laws of the State of New York and shall be subject to the Disclaimers contained on this page under the caption “Disclaimers.”

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

DISPUTE RESOLUTION

Please read this carefully. It affects your rights. YOU AND LACTALIS AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, THE SITE, OR THE CHEESE2U SERVICES SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equable theory. You and Lactalis hereby agree that the Federal Arbitration Act ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association ("AAA"), pursuant to Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect (the "AAA's Rules"). However, just as a court would, the arbitrator must honor the terms and limitations in these terms and can award damages and relief, including any attorneys' fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. YOU AGREE THAT, BY USING THIS SITE OR ORDERING PRODUCTS FROM US, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

THESE TERMS AND CONDITIONS DO NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND LACTALIS AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Lactalis are each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court's jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

GENERAL

Lactalis may revise these terms and conditions at any time by updating this Site. You should review this page, or its successor on this Site, from time to time to the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by legal notices or terms located on other pages of this Site.

These terms and conditions were last revised on November 1, 2021.

Accessibility

Lactalis American Group, Inc. is committed to making its websites accessible to a wide audience. Where possible, we strive to follow Web Content Accessibility Guidelines 2.1 Level AA. Please note that our websites may interface with third party services that we do not control. If you do encounter an accessibility issue, please contact us and we will make efforts to improve our site and/or provide you with an alternative accommodation.

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