RULES FOR A POSITIVE EXPERIENCE TOGETHER

Terms and Conditions

1) Acceptance of Terms

By accessing and utilizing the website ("the Website"), you explicitly acknowledge and consent to the application of these Terms of Use. Should you disagree with any provision within these terms, kindly refrain from accessing or using the Website. Furthermore, your acceptance of these terms also extends to any transactions conducted outside the platform.
 
2) Description of Services
 
The Website provides a B2B e-commerce platform for the quotation and purchase of ingredients and related products. Auster Foods LLC ("the Company"). The Company reserves the right to modify, suspend, or discontinue any aspect of the services provided on the Website at any time without prior notice.
 
3) Registration and Account Security
 
To access certain features of the Website, you may be required to register and create an account. You agree to provide accurate and current information during the registration process and to update this information as necessary to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. The Company reserves the right to suspend or terminate your account if any unauthorized use is detected or if you violate these Terms of Use.
 
To utilize the Services or access the Site, you must be at least 18 years old or have attained the age of majority in your jurisdiction of residence. If you are under 18 years old or have not yet reached the age of majority, it is imperative that you discontinue using/accessing this Site and its Services promptly.
 
4) Termination
 
These Terms of Use come into effect when you initially access or use the Services and shall remain in force until either you or Auster Foods LLC terminate them. You have the option to terminate these Terms of Use by closing your account with us, if applicable, and submitting a written request to close the account via email to contact@austerfoods.com, while also discontinuing your use of the Service. Should you create another account with us or resume using our Services, you are thereby consenting to these Terms of Use.
 
Auster Foods LLC reserves the right to terminate these Terms of Use at any time for any reason, with prior notice provided to you. Additionally, we hold the authority to suspend your account, if applicable, and your ability to use the Services in the following circumstances:
 
  • Our sole discretion determines that you pose a risk of fraud or credit risk.
  • Our sole discretion determines that you have utilized the Services in a manner that contravenes the prohibited activities or fails to comply with any provisions outlined in these Terms of Use.
  • Any Applicable Law, governmental entity, or regulatory authority necessitates such action.
5) Product Information
 
While the Company strives to provide accurate and up-to-date product information, including descriptions, pricing, and availability, we do not warrant the completeness or accuracy of such information. It is the responsibility of the buyer to verify the details of the products, including any allergen or dietary information, before making a purchase. The Company is not liable for any damages or losses arising from reliance on inaccurate or incomplete product information.
 
6) Quotation requests. Ordering and Transactions
 
When placing and accepting a quotation through the Website, you agree to provide accurate and complete information regarding the products, quantities, and delivery details, which will be ultimately used for your order, unless the proper amendments to the information provided online are requested prior to the acceptance of the final order, in writting. All transactions are subject to acceptance by the seller, and the Company reserves the right to refuse or cancel any order at its discretion. The Company does not guarantee the availability of any product or the accuracy of pricing, and reserves the right to modify pricing or product availability without prior notice.
 
7) Intellectual Property Rights
 
The Website and its contents, including but not limited to text, graphics, logos, images, and software, are the property of Auster Foods LLC or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Website solely for the purpose of purchasing products. You agree not to reproduce, distribute, modify, or exploit any materials from the Website without prior written consent from the Company.
 

8) Disclaimer of Warranties

The Website and its services are provided on an "as is" and "as available" basis without any warranties, express or implied. The Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components. You acknowledge that your use of the Website is at your own risk.
 
9) Limitation of Liability
 
In no event shall the Company be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Website, including but not limited to damages for loss of profits, data, or other intangibles.
 
10) Protection against Viruses, Hacking, and Harmful Activities
 
To maintain the integrity of our Site, it is strictly prohibited to knowingly introduce any malicious or technologically harmful materials, such as viruses, trojans, worms, logic bombs, or any other form of harmful content. Additionally, unauthorized access to our Site, its servers, or any connected servers, computers, or databases is strictly forbidden. Any attempt to attack our Site through denial-of-service or distributed denial-of-service attacks is strictly prohibited.
 
Any violation of this provision will be reported to the appropriate law enforcement authorities, and we will cooperate fully by disclosing relevant information. In the event of such a breach, your access to our Site and Services will be immediately terminated.
 
We shall not be held responsible for any loss or damage caused by distributed denial-of-service attacks, viruses, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other proprietary materials as a result of your use of our Site or your downloading of any materials posted on it or on any linked websites.
 
11) Linking to Our Site
 
You are welcome to establish a link to our home page, provided that you do so in a manner that is fair, legal, and respectful of our reputation. However, please refrain from creating links that suggest any form of association, approval, or endorsement on our part if such an association does not exist.
 
12) Restrictions on Linking
 
Links to our Site should only be established from websites that you own. It is strictly prohibited to frame our Site within another website or create links to any part of our Site other than the home page. We reserve the right to withdraw linking permission without prior notice.
 
If you wish to use any material from our Site beyond what is specified above, you must have the written consent of Auster Foods LLC.
 
13) Links from Our Site
 
Our Site may contain links to other websites and resources provided by third parties. These links are provided for informational purposes only. We have no control over the content of those websites or resources and assume no responsibility for them or any loss or damage that may arise from your use of them. As we have no control over such websites and resources, you acknowledge and agree that we are not liable for the availability of such external websites or resources, nor are we responsible for any content, advertising, information, products, services, or other materials available from or through those websites or resources.
 
14) Credit Terms
 
The process for obtaining credit terms :
    1. Initial Prepayment: As a prerequisite, Auster Foods LLC requests that the first four orders be prepaid as an initial condition for establishing credit terms.
    2. Credit Terms Sheet: Upon receipt of the initial prepayment, Auster Foods LLC will provide you with a Credit Terms Sheet, which contains essential company information, bank account details, and commercial references. You are required to complete and submit this form accurately.
    3. Credit Report Evaluation: Auster Foods LLC will conduct a comprehensive evaluation of the provided Credit Terms Sheet, including but not limited to the company information, bank account details, and commercial references, to assess your creditworthiness.
    4. Credit Terms Approval: Following a diligent review of the credit report, Auster Foods LLC will determine the suitable credit terms applicable to your company, subject to the attainment of a positive credit score.
    5. Please note that Auster Foods LLC reserves the right to decline credit terms at their discretion, based on their assessment and evaluation process.
 
15) Responsibilities of the Buyer regarding the Reception of the goods and pickup from the Warehouse. Returns and Refunds. Cancellations
 
Please read carefully our policy here.
 
16) Product Samples
 
  1. Ordering Samples: Product samples can be requested exclusively through our website. To initiate a sample request, interested parties must follow these straightforward steps:
    • Tick the "Send me a sample of the product" checkbox.
    • Accept the provided Terms and Conditions.
    • Click the "Accept Quote and Contact Sales Rep" button.
  2. Default Sample Size: Each product sample comes in a default size of 1 pound (434 grams).
  3. Sample Limit: Please note that only one sample per product is allowed to ensure fair distribution. This sample size is generally sufficient to run laboratory tests, as well as to assess the characteristics of the product. We believe it provides an ample representation of the product's quality and attributes for evaluation purposes
  4. Maximum Sampled Products: We allow a maximum of three different ingredients to be sampled, providing a variety of options for evaluation.
  5. Sample Cost: The samples themselves are provided free of charge. However, AUSTER FOODS LLC reserves the right to request the recipient to cover a fixed shipping fee to their location. This shipping fee, determined at our discretion, may include preparation and/or handling charges.
  6. Sample Availability: While we strive to fulfill all sample requests, please understand that in exceptional cases, product samples might not be available. This situation can occur if certain warehouses are not equipped to handle individual samples or carton orders, and instead, are optimized for pallet orders.
  7. Shipping Carrier: We will utilize reputable carriers such as FedEx, UPS, DHL, or the US Postal Service to deliver the samples, ensuring reliable and timely shipping.
  8. Discretionary Non-Shipment: We reserve the right not to ship samples at our discretion under the following circumstances, among others:
    • The solicitor is not considered a target client for our company.
    • The solicitor fails to provide sufficient information to facilitate proper sample shipment.
    • We determine that the solicitor does not demonstrate clear intentions of purchasing the product.
    • The ingredients are no longer available for sale or are temporarily out of stock.
17) Delivery dates
 
All delivery dates are approximate, and Auster Foods LLC shall not be held liable for any damages resulting from any delay. Auster Foods LLC shall not be responsible for any default or delay if it is directly or indirectly caused by factors beyond its control, including but not limited to, acts of nature, accidents, pandemics, governmental actions, regulations, shortages, unavailability, or defects in labor, materials, ingredients, or products used in the Product, failure of third parties to perform their obligations, or any other event constituting a "Force Majeure Condition" (such as acts of God, natural disasters, war, etc.). In the event that a Force Majeure Condition affects Auster Foods LLC's ability to deliver the Product and would result in the cost of the Product exceeding the Purchase Price, Auster Foods LLC shall have no obligation to deliver the Product unless the Buyer agrees to bear the additional costs.
 
18) Loyalty Points / Store Credit
 
Loyalty Points may be granted to you on occasion as a consequence of your interactions with the website, including but not limited to submitting reviews, referring new customers, or making purchases. The conversion of these points into Store Credit is subject to the sole discretion of Auster Foods LLC.
 
  1. Auster Foods LLC will award Loyalty Points based on activities carried out in good faith.
  2. Auster Foods LLC reserves the right to withhold Loyalty Points and/or store credit in instances where it determines that your participation has deviated from the intended spirit of this agreement.
  3. Store credit possesses no intrinsic monetary value beyond its application for future purchases exclusively on the website.
  4. Auster Foods LLC may, at its sole discretion, periodically review and modify the exchange rates of loyalty points to store credit, the duration of validity, maximum points allowable, or any other terms related to this offer.
19) Jurisdiction and Governing Law
 
Any claims arising from or related to your visit to our Site will be subject to the non-exclusive jurisdiction of the courts in the State of Delaware. However, we retain the right to take legal action against you for breach of these terms in any other relevant jurisdiction. These Terms of Use, including any additional terms, are governed by the laws of Delaware.
 
20) Dispute Resolution
 
In the event of any dispute between you and Auster Foods LLC regarding these Terms of Use, it shall first be referred to Auster Foods LLC for resolution. If the parties are unable to resolve the dispute within 20 days of referral, the matter shall be referred to arbitration in California, following the prevailing JAMS Rules. These rules shall be deemed incorporated by reference into this clause. The arbitration panel shall consist of one arbitrator appointed jointly by the parties. The arbitration proceedings shall be conducted in English. This clause does not prevent either party from seeking urgent or interim relief from a court of competent jurisdiction.
 
21) Arbitration  
 
For any dispute you have with Auster Foods, you agree to first contact us and attempt to resolve the dispute with us informally. If we not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Auster Foods agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AUSTER FOODS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  
 
To the extent any claim, dispute or controversy regarding Auster Foods or our Products isn’t arbitrable under applicable laws or otherwise: you and Auster Foods both agree that any claim or dispute regarding Auster Foods will be resolved exclusively in accordance with Clause 18 of these Terms.  
 
22) Modification of Terms and Conditions  
 
Auster Foods reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to order our Products after revisions become effective, you agree to be bound by the revised Terms.
 
Last updated: July 26th, 2023