Terms & Conditions

Terms and Conditions

Last updated: March 25, 2018

Welcome to Creole & Cajun Cuisine! Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.creoleandcajun.com website and/or the Creole & Cajun Cuisine mobile website (collectively, the “Site”) operated by Creole & Cajun, LLC (“Creole & Cajun Cuisine”, “us”, “we”, or “our”).

These Terms and Conditions govern your use of the Site. Your use of the Site constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.

THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY EMAIL, BY TELEPHONE, IN PERSON, OR BY ANY MEANS OF TRANSMISSION.

Privacy

Please review our Privacy and Cookie Policy to understand our practices.

Electronic Communications

When you use the Creole & Cajun Cuisine website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails or texts, and you can retain copies of these communications for your records. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available the Site, such as text, graphics, logos, button icons, images, and audio clips, is the property of Creole & Cajun Cuisine, LLC or its product suppliers and protected by United States and international copyright laws.

Prohibited Uses

Tampering with the Site, misrepresenting the identity of a user, or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. Creole & Cajun Cuisine will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (e) provide hypertext links, URL links, graphic links, hyperlinks, or other direct connection for profit or gain to the Site without Creole & Cajun Cuisine’s permission first, or (f) use or process the Site or any part of it unfairly or for any illegal or immoral purpose.

Pricing and Purchases

While Creole & Cajun Cuisine strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Creole & Cajun Cuisine shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, we will issue a credit to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.

Prices and availability of products offered by Creole & Cajun Cuisine are subject to change without notice. Unless otherwise noted, prices do not include shipping costs or applicable taxes.

After you place an order at the Site using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The CreoleandCajun.com Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Doing Right By You

We want you to be completely satisfied with your purchase and our service. If for any reason you are not completely satisfied, we will work with you to find a solution, whether that be a refund or replacement (please see our Return Policy for more information). If you need any assistance with your order, do not hesitate to contact us at orders@creoleandcajun.com. You may also reach out to us on our Contact Us page. We typically respond to all inquiries within one business day.

We reserve the right to limit refunds and replacements.

Order Limitations

While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we sometimes ship perishable goods (cold items) we cannot guarantee the condition of the package if our delivery service has to reroute the cooler. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.

Creole & Cajun Cuisine may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same CreoleandCajun.com Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.

Shipping

All orders placed on this Site are subject to product availability and will be shipped according to Creole & Cajun Cuisine shipping policies. Please refer to our Shipping Information page for more information on our shipping rates and procedures.

Payment

We accept most major credit and debit cards as well as PayPal.

Disclaimer of Warranty

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CREOLE & CAJUN CUISINE NOR ITS SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE CREOLEANDCAJUN.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER CREOLE & CAJUN CUISINE, LLC, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE CREOLEANDCAJUN.COM SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE CREOLEANDCAJUN.COM SITE. FURTHER, CREOLE & CAJUN CUISINE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE CREOLEANDCAJUN.COM SITE IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. CREOLE & CAJUN CUISINE, LLC AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CREOLE & CAJUN CUISINE OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CREOLE & CAJUN CUISINE, LLC OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CREOLE & CAJUN CUISINE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE CREOLEANDCAJUN.COM SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disputes

We hope to make you a very happy and satisfied customer, but if there is a dispute that needs to be resolved, this section outlines what is expected of both of us.

You agree to provide Creole & Cajun Cuisine an opportunity informally to resolve your dispute. Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against Creole & Cajun Cuisine or its Associates for any claims, including claims related in any way to Creole & Cajun Cuisine or its suppliers’ products, these Terms and Conditions, billing, privacy, advertising, or Creole & Cajun Cuisine or its Associates’ communications with you, you must first send a written description of your claim to: Creole & Cajun Cuisine, LLC., United States Corporation Agents, Inc., 1100 Poydras Street, Suite 2900, New Orleans, LA 70163, Attn: Legal, and you must allow Creole & Cajun Cuisine a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and Creole & Cajun Cuisine agree to negotiate in good faith with each other to try to resolve your claim. If you and Creole & Cajun Cuisine do not reach a resolution of your dispute within sixty (60) days after Creole & Cajun Cuisine receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.

Arbitration

Should Creole & Cajun Cuisine not be able to informally resolve your dispute, You and Creole & Cajun Cuisine agree to arbitrate the dispute. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. For purposes of this arbitration provision, references to ” Creole & Cajun Cuisine,” “you,” and “us” includes our Associates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Either you or Creole & Cajun Cuisine, LLC may start an arbitration proceeding by sending to the other, by certified mail, a letter requesting arbitration (“Demand”). If you start the arbitration, you must send the Demand to Creole & Cajun Cuisine, LLC, United States Corporation Agents, Inc., 1100 Poydras Street, Suite 2900, New Orleans, LA 70163, Attn: Legal. The Demand must (i) describe the nature and basis of the claim or dispute and (ii) set forth the relief sought. The American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by these Terms and Conditions, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written opinion sufficient to explain the essential findings and conclusions on which the decision is based.

All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless Creole & Cajun Cuisine, LLC and you agree otherwise in writing, any arbitration hearings will take place in the county (or parish) in which your most recent billing address (as you provided on the CreoleandCajun.com Site) is located.

One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the food industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of you and Creole & Cajun Cuisine, LLC. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

You or Creole & Cajun Cuisine, LLC must bring any claim arising out of or related to these Terms or our relationship within one (1) year after the claim arises, or the claim will be permanently barred. To the extent of the law applicable under the Governing Law section of these Terms and Conditions makes this limitations period unenforceable with respect to any claim(s), then the statutes of limitations of the State whose laws govern these Terms under the Governing Law section shall apply.

YOU AND CREOLE & CAJUN CUISINE, LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR CREOLE & CAJUN CUISINE, LLC SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. CREOLE & CAJUN CUISINE, LLC DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THIS SECTION (ARBITRATION), THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND CREOLE & CAJUN CUISINE, LLC HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

Governing Law

By using the CreoleandCajun.com site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State in which your most recent billing address (as you provided on the CreoleandCajun.com Site) is located, without regard to choice of law principles, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Creole & Cajun Cuisine, LLC.

Content

All materials on the Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Content”), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Creole & Cajun Cuisine.

Modifications

We may update or modify these Terms and Conditions at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms as changed. We recommend you review these Terms each time you visit the Site.

Termination

Creole & Cajun Cuisine may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. We also reserve the right to block or deny access to the Site to anyone at any time for any reason without prior notice or liability.

DMCA Notice

If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the designated agent of Creole & Cajun Cuisine, LLC identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices of infringement should be directed to the following designated agent of Creole & Cajun Cuisine, LLC:

Creole & Cajun Cuisine, LLC.
United States Corporation Agents, Inc.,
1100 Poydras Street, Suite 2900,
New Orleans, LA 70163

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

Indemnification

You agree to defend, indemnify, and hold Creole & Cajun Cuisine, LLC and its Associates, and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your violation of these Terms of Use or your posting or transmission of any materials on or through the Site.

No Waiver

If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance.

If you have any questions about these Terms, please contact us.