Terms & Conditions
Welcome to the Kosher.com web site (The Site). Please review the following basic terms that govern your use of and purchase of products or services from The Site. Please note that your use of The Site constitutes your agreement to follow and be bound by those terms (TOU). This Agreement is effective until terminated by The Site. For the purposes of this TOU, the terms "you", "your" or "The Customer" refers to you and "we", "our", "us", "our" and "our site" refers to kosher.com.
GENERAL
We may from time to time change the terms that govern your use of The Site without notification, or we may change, move, delete portions of, or add to The Site from time to time. As a user of The Site, you are responsible for being aware of all its terms and conditions of use. We reserve the right to modify or discontinue The Site with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue The Site except that in the event that we discontinue The Site we will endeavor to complete any pending transaction, or make a refund, at our sole discretion. If you object to any parts of The Site, any rules or the Terms of Use of The Site, any content, products or services offered by The Site, your sole recourse shall be to cease using The Site. Continued use of The Site shall indicate your agreement to be bound by the Terms of Use of The Site and acknowledgement that the TOU shall govern The Site and every part thereof. Moreover, you agree to be bound by any future changes to the TOU.
This TOU, and any policies referenced here to, constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. Every transaction you enter into with The Site or kosher.com will be governed by the TOU.
AGREEMENT TO SELL
We agree to sell items listed for sale in our site to all customers who place orders for merchandise at our website. It is not necessary that you observe kosher food regulations or even that you be Jewish by ancestry or belief to purchase from our website. We will sell to all customers regardless of race, creed, color, race or national origin and to all members of any other protected class of consumers, as defined by law of the State of New York.
Kosher.com reserves the limit quantities of any purchased from our website, as may be indicated on the web pages for any product offered for sale or as we may deem to be advisable, in our sole discretion, based on market conditions. We further reserve the right not to honor any orders which we believe to be fraudulent or illegal under the law of New York State, the jurisdiction from where the customer made the purchase or, if different, the jurisdiction to which the customer has requested that the merchandise be shipped. In any instance where we either limit quantities purchased or refuse to honor an order, our discretion in either limiting or refusing to fulfill an order will be absolute, and no liability will inure against us for any such limitation or refusal.
KOSHER CERTIFICATIONS
You, the customer, remain solely responsible for the kashrut of the products that you purchase and consume. Kosher.com intends to offer no product for sale that is not kosher within the meaning of traditional, normative Orthodox Jewish Law ("halacha"). We provide no kosher certification of the products we sell, nor do we make any independent warranty, guaranty, representation, or claim that the products sold on this site are kosher. We have presented items for sale on this site which we believe to be kosher within the requirements of halacha, based solely and exclusively on (a) the manufacturers’ or producers’ of the items representations that their items are kosher within the meaning of halacha, and/or (b) the independent certification(s) that the individual products may bear that the items are kosher within the meaning of halacha, each item according to its own certification.
Furthermore, we take no responsibility for our products’ compliance with any particular stringency within halacha that you might be accustomed to follow, such as chalav yisroel or pas yisroel. These types of halachic stringencies are matters of personal taste and religious practice which kosher.com has made no attempt to comply with. We believe that you the customer will be satisfied with any item you purchase from our site, but as to matters of halacha, you and/or your rabbi will have to be the judge of whether the items you purchase meet with your kosher standards.
CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and or other materials that appear as part of this The Site (collectively, the "contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by The Site and its parent Corporation, collectively, and its subsidiaries and/or affiliates. However, no claim is made for any such intellectual property which is owned by another. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by The Site and its parent Corporation.
The contents of The Site, and The Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from The Site) use by the users of The Site. The Site and its suppliers retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text, music, sound, photographs video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, that appears on the The Site (the "content"). The content is protected by U.S. and international copyright law. No right, title or interest to any of the content is transferred to you by your use of the The Site. You may access and view the content solely for personal, noncommercial purposes. You are hereby given a revocable license to copy limited portions of the content solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make such content available to any third party (ii) you do not remove any proprietary notice from such content, or (iii) alter the content in any other way. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not create derivative works from the content. You may not publish, distribute, transmit, broadcast or frame the content in any manner; copy or post the content for public display; collect, re-purpose or reuse any data or product listings contained in the content; sell or attempt to sell the content; exploit the content for your own purposes. In addition, you agree not to rely on any content created or posted by us.
The contents of The Site were not prepared by a physician or other healthcare professional, and they have not been reviewed by the United States Food and Drug Administration. Accordingly, any information contained on or received from The Site which purports to convey medical or dietary information should be viewed as informational only, and should not be relied on by any person or party. The information contained in The Site is not intended to diagnose, treat, prevent or cure any disease of condition. If you suspect that you have a health problem or if you plan on commencing any diet, exercise or supplementation program, you should consult with your healthcare professionals without delay and heed their advice. No information contained in The Site is intended to supersede or be viewed by you as superseding any information you may receive from your healthcare professional, nor is The Site's information intended to supersede nor should you view it as superseding the information written on your purchases' packaging or the manufacturers' inserts in your purchases.
TRADEMARKS
Kosher.com, and the Kosher.com logo are registered trademarks of Kosher.com and its parent Corporation. Other marks, graphics, typefaces, trade names and logos appearing on The Site are trademarks or trade dress of Kosher.com and its parent Corporation, and all rights are reserved. You may not make any use of such trademarks or trade dress without kosher.com's or its parent Corporation's permission. Other trademarks used on The Site are the property of their respective owners. Neither Kosher.com nor its parent Corporation makes any claim to trademarks used on The Site which are the property of others.
DISCLAIMER
The Site and all contents of The Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability. You acknowledge, by your use of The Site, that your use of The Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of The Site, and that The Site shall not be liable for any damages of any kind related to your use of The Site. You are solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of The Site and all charges related thereto. You agree not to use The Site to: violate any local, state, national or international law; stalk, harass or harm another individual; collect or store personal data about other users; interfere with or disrupt The Site or servers or networks connected to The Site, or disobey any requirements, procedures, policies or regulations of networks connected to The Site. The contents of The Site have not been prepared by a physician or other healthcare professional, nor have they been reviewed by the United States Food and Drug Administration. Accordingly, any information contained on or received from The Site which purports to convey medical or dietary information should be viewed as informational only, and should not be relied on by any person or party. The information contained in The Site is not intended to diagnose, treat, prevent or cure any disease of condition. If you suspect that you have a health problem or if you plan on commencing any diet, exercise or supplementation program, you should consult with your healthcare professionals without delay and heed their advice. No information contained in The Site is intended to supersede or be viewed by you as superseding any information you may receive from your healthcare professional, nor is The Site's information intended to supersede nor should you view it as superseding the information written on your purchases' packaging or the manufacturers inserts in your purchases. IN NO EVENT WILL ANY INFORMATION CONTAINED IN THIS SITE WHETHER IN THE NATURE OF HEALTH OR MEDICAL INFORMATION OR OF ANY OTHER OR OF A GENERAL NATURE CREATE ANY WARRANTIES, WHATSOEVER, WHETHER EXPRESS, IMPLIED OR OTHERWISE. WE HEREBY FURTHER DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, LIABILITIES, SUITS, OR OTHER CLAIMS INCLUDING PERSONAL INJURY, NEGLICENCE, GROSS NEGLIGENCE, WARRANTY OR STRICT PRODUCTS LIABILITY ARISING AT LAW OR IN EQUITY, NO MATTER HOW DESIGNATED, BY VIRTUE OF DEFECTIVE OR UNMERCHANTABLE PRODUCTS SOLD THROUGH THE SITE. BY PURCHASING FROM THIS SITE, YOU ARE AGREEING TO WAIVE ANY AND ALL SUCH CLAIM ARISING FROM THE QUALITY OF THE MERCHANDISE, OR LACK THEREOF, WHETHER CLAIM IS MADE UNDER THEORIES OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT PRODUCTS LIABILITY, WARRANTY OR OTHEWISE, AND AGREE THAT YOUR SOLE REMEDY WILL BE GOVERNED BY THIS TERMS OF USE AND SHALL BE LIMITED TO REFUND OR RETURN, AS THE CASE MAY BE. THE BROADEST POSSIBLE DISCLAIMER OF LIABILITY ALLOWED AT LAW OR IN EQUITY IS INTENDED HEREIN, AND THE BROADEST POSSIBLE WAIVER OF LIABILITY ALLOWED AT LAW OR IN EQUITY IS INTENDED HEREIN. The Site acts strictly as a go-between in support of the purchase of any of the products or any of the services found on The Site, and as such, any product or service purchased through The Site shall be warranted for its reliability, safeness, quality, freshness etc by the manufacturer or distributor alone, and is not warranted in any way or form by The Site or its corporate parent.
We will assume no liability whatsoever for limiting quantities of merchandise sold or for refusing to fill any order which we believe to be either fraudulent or illegal under the laws of New York or any other State or of any foreign jurisdiction relevant to a given transaction whose laws, regulations of tariffs would tend to make the proposed purchase appear to be fraudulent or illegal. Our discretion in either limiting quantities or refusing a sale as fraudulent or illegal shall be absolute, and you agree that our discretion will not be subject to attack whether by suit, arbitration, court action or other.
INACCURACY DISCLAIMER
From time to time there may be information on The Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Kosher.com purchase you may return it by following the instructions on our Return Policy. Please see our Return Policy.
INDEMNIFICATION
You agree to hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers, affiliates, co-branders or other partners, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of The Site or any related services, any contributed content, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity or as a result of purchasing, using, consuming, or deriving any other uses of any product or service found on or purchased from The Site.
Neither we nor our partners, providers or affiliates warrant that The Site or any related services will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our partners, providers, or affiliates make any warranty as to the results that may be obtained from use of The Site or as to the accuracy, completeness, reliability or timeliness of any information available on or through The Site.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of The Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material and/or data. In the event that any such material and/or data downloaded or otherwise obtained through the use of The Site results in any person or party making a claim against The Site or its corporate parent, you agree to indemnify us and hold us harmless to the fullest extent allowed by law, including attorneys’ fees, against any and all such claims.
PRIVACY
You agree that The Site may use and/or disclose information about your demographics and use of The Site in any manner that does NOT reveal your identity.
You agree that The Site may send electronic mail to you for the purpose of advising you of the status of your order. In any email that we send you, we will offer you the opportunity to receive future or periodic emails from kosher.com, and you will be under no obligation to agree to receive the emails.
Kosher.com reserves the right to send email to any email address from which email was sent to kosher.com, and for any reason whatsoever Kosher.com reserves the right to address the intended email recipient in any way permitted by law, and also reserves the right to send in that email a question pertaining to the recipient’s desire to receive periodic or future emails from Kosher.com.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to The Site shall be and remain The Site's property. Such disclosure, submission or offer of any comments shall constitute an assignment to The Site of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, The Site will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. The Site is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to user any compensation for any comments; or (3) to respond to any user comments.
When submitting contributed content to The Site or any other information requested by The Site you agree not to use a false name or email address or otherwise attempt to conceal the origin of your submission, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. You agree that no comments or information submitted by you to The Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not violate any law or infringe upon any intellectual property rights of others. You agree that any such submission will be wholly owned by you, and that the contributed content or information is accurate. You further agree that no comments or information submitted by you to The Site will be or contain libelous, defamatory, obscene, vulgar, profane, threatening, harassing or in other ways illegal or unlawful. You are and shall remain solely responsible for the content of any comments you make.
You agree that all billing and registration information you provide on or to The Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this agreement
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on The Site.
THIRD PARTY CONTENT
The Site may from time to time distribute content from third parties, and such content may be incorporated herein. We are not publishers of such content, we have no control over such third-party content, do not endorse it, and are not responsible for its completeness, accuracy or reliability. Any information, advice, opinions, or statements contained within such third-party content are attributable to the author of such content and not to The Site. While The Site has no obligation to monitor third-party content, The Site reserves the right to edit or remove any third-party content we deem to be inappropriate.
PASSWORDS
For certain activities you conduct on The Site, you may receive or have received an account name and a password. We retain ownership of your account and license it to you on a limited, nonexclusive basis for the duration of your account activation. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone except persons whom you have authorized to use your account, and you assume all resulting liability from use of The Site for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you know or suspect. We will conclusively presume that any use of your password was authorized, We disclaim all liability arising from or related to your failure to keep your account name and password secure. However, should you notify us that your password has been lost or compromised, we will within 48 hours of such notification, cease accepting orders or otherwise transacting business with you under that password, but you will in any event remain liable for any transactions pending at the time of your notification of the compromised or lost password. You agree to use The Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of The Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited.
LINKS TO OTHER WEB SITES AND SERVICES
The Site may contain links to outside services and resources not controlled by us. These links are placed here strictly for your convenience. The existence of any such links do not signify our endorsement of such service or resource, the linked site, location or its contents. Any objections, questions or concerns relating to or regarding any such service or resource, or any link thereto, should be directed to that particular outside service, resource or link.
CHILDREN
No person under the age of 18 may use The Site without the express and/or implied permission or authority of Parent or Legal Guardian. We will assume that all users are either over the age of 18 or, if under the age of 18, have the express and /or implied permission of Parent or Legal Guardian.
DISCOUNTS
Coupons cannot be combined with any other offer and when multiple discounts or offers overlap the greater one will be the one that is honored.
SAMPLES
We reserve the right to accept or refuse any submissions to the samples department based on criteria that we deem necessary.
RETURN POLICY
If there is a problem with the product that you receive, please email us within 24 hours of receipt of your order and please make sure to include the following: * Your name.
- Your address.
- Your email address.
- Your order confirmation number.
- The reason for your return.
- Please state whether you would like a refund or an exchange.
On receipt of your email, we will send an email back to you with a return code. We apologize but we cannot apply a credit to your account if the item that you return does not have a return code with it.
After you receive your return code, please wrap your package securely, and enclose a copy of the email that we send you with the return code.
In the event that you are returning perishable food items to us, they must be returned within 48 hours of your receiving the merchandise. All other items must be returned within 7 days of your receiving them.
We recommend that you return your package via UPS or insured mail for your protection. We do not refund shipping costs, and a 5% restocking fee will apply to all items returned, unless your return is due to our having sent you the wrong item.
Please note that any items that are made as a special order are not returnable.
If you chose a refund rather than an exchange, the full purchase price for the merchandise in your order will be credited to the same form of payment used for the original purchase. Please allow 1-2 billing cycles for the refund credit to appear on your statement.
Please click here to send us the email.
VIOLATION OF TOU
Please note that at any time, if we determine that you have abused or violated the letter or intent of any of the Terms of Use or any of the terms, conditions or guidelines of The Site, or any applicable law, we reserve the right to terminate or suspend your access to The Site and all related services, and or take any responsive action that we deem necessary.
POLICY FOR CLAIMS OF INFRINGEMENT MATERIAL
If you believe that material is posted on The Site in a manner than infringes your copyright; please notify us by providing the following information in writing to us:
- A description of the copyrighted work claimed to have been infringed.
- A description of the material on The Site that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A representation that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
- A physical or electronic signature of the owner of the allegedly infringed copyright, or such owner's authorized representative.
- The address, telephone number, and, if available, an electronic mail address at which you may be contacted.
We agree that upon receipt of the foregoing, we will make a prompt investigation of the claim of infringement and take whatever action we may deem reasonable.
LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, in no event will We, our officers, employees, directors, shareholders, subsidiaries, affiliates, agents or licensors be liable for any direct, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of The Site. In no event shall our liability exceed the cost paid by you for merchandise purchased through The Site, except in the case of International Shipping, for which there shall be no liability whatsoever unless you can prove that we never attempted to ship the merchandise, in which case our liability will be limited to the cost of merchandise purchased from us.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
SHIPPING POLICY
Click here to see our shipping information.
SPECIAL PROVISIONS FOR INTERNATIONAL SHIPPING
The Site agrees to ship internationally and shall take reasonably efforts to comply with all applicable tariffs, duties or levies, no matter how denominated or described, regardless of whether You instruct us on how to comply with all such tariffs, duties or levies, or whether we attempt to comply with same based on our own information and abilities. We will take no responsibility nor shall we in any way guarantee, warrantee, assure or insure that the steps taken shall sufficiently comply with all such tariffs, duties, etc. so as to allow any products sold by Us to enter into the foreign jurisdiction where You have requested that our products be sent. Purchaser assumes all risks associated with International Shipping.
MISCELLANEOUS
The TOU and all its inclusions constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of The Site, superseding any prior agreements between you and us with respect to the subject matter hereof. The TOU and the relationship between you and us shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, notwithstanding your actual place of residence. All contracts for the sale of merchandise shall be irrevocably deemed to have been made within the State of New York and shall be governed by the substantive and procedural laws of State of New York. All lawsuits arising out of the TOU or out of your use of The Site shall be brought in the Federal or state courts located in Nassau County, New York and you and We hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of us to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
The Site and the services offered on it under the above terms of service and use (TOU); you understand and agree that The Site is provided to you exclusively under these Terms. By using The Site or registering to use the services offered, you are stating that you have read and understand the TOU and that you agree to be bound by them. We reserve the right to terminate your account at any time for any reason, including if We learn that you have provided false or misleading registration information or have violated the TOU.
