This Agreement is an agreement between you and Ling & Sons that states the terms and conditions under which you may use the Site and receive Ling & Sons Service, which includes processing and delivery of product orders. Your use of Ling & Sons Service and the Site constitutes your agreement to the terms and conditions set forth below.
Ordering and Delivery
Orders are available for delivery five days a week during the following time periods: 10 am – 12 noon and 2 pm – 4 pm. All orders made before 12 noon will be delivered the next day. All orders made after 12 noon will be delivered 2 days after.
Available delivery time periods and associated service fees will be shown as you proceed through the ordering process. You can place your order anytime several weeks before your delivery date. You may cancel an order by calling at least 6 hours before delivery date. Note that updated orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders less than four hours prior to a scheduled delivery will result in a Restocking Fee. This fee will be $10.00 for all orders. These fees will be charged to your receipt.
Receipt of Goods
To receive delivery, you or a designated recipient must be available in person (someone at least 21 years old with proper identification for delivery of alcohol and/or tobacco). This designated recipient can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself and must agree to sign for delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you, nor your designated recipient is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery. In those cases a redelivery fee of $10.00 is applicable. If we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged the restocking fees as noted in the section above.
Your order will arrive with an invoice that will list all of the items you have received and were billed for. If you have a question with your order, please call Customer Service at the phone number listed on the website.
In the case of inclement weather or other circumstances beyond our control, it may be necessary to make adjustments to our delivery schedule, which may cause us to suspend chosen delivery dates and times. If we expect a delay outside of the selected delivery period, our Customer Service representative may call or email you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
Price and Availability
Pricing by Weight
For certain items that are cut, prepared or packaged individually, per item price you see in your shopping cart for such items is based on an estimated weight. The final price of these items will be based on the same price per kilogram indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of delivery. You always pay the true price for the actual weight of your products.
Availability of Perishable Items
Given the perishable nature of our products and our goal to always provide fresh, high-quality products, from time to time certain products may be unavailable due to market conditions beyond our control or to quality that is below our standards. Therefore, we reserve the right to limit the quantity of a particular product that you may order. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price.
Credit and certain debit cards are the preferred form of payment accepted by the Service. Your credit card will be charged the actual cost that is determined after preparing and weighing your order. Ling and Sons will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Ling and Sons reserves the right to collect funds for any uncollected transactions owed to it.
If you fail to pay any costs or charges when due or if a redelivery fee or restocking fee is imposed, Ling and Sons may charge such amount directly to the credit card identified in your Customer Information. You shall be responsible and liable for any costs, including attorneys’ fees, bailiff’s costs, court expense and collection costs of 15%, that Ling and Sons may incur in its efforts to collect any unpaid balances from you. Your right to use the online customer and shopping service that is provided by Ling & Sons under this Agreement is subject to limits established by Ling and Sons and/or by your credit card issuer.
Third-Party Information Providers and Merchants
In cases where the Service permits you to order and receive products, information, and services from businesses that are not owned or operated by Ling and Sons, Ling and Sons acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Ling and Sons makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Ling and Sons makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to Ling and Sons. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Ling and Sons for your use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Ling and Sons is strictly prohibited. You acknowledge that Ling and Sons and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Ling and Sons reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Ling and Sons
“Ling and Sons” all Ling and Sons logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Ling and Sons or otherwise proprietary to Ling and Sons and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Site or the Service.
Use of the Service Access
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Site and with the terms of this Agreement. You hereby represent that you are an adult (21 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Service or the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of Ling and Sons or which are not reasonably foreseeable by Ling and Sons.
Ling and Sons uses technology and a fax form procedure to encrypt your credit card information in order to protect your information as it travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Sensitive information (such as credit card number) requested by our registration/order form is encrypted and is protected with encryption software. All solid materials that were used as medium for carrying your credit card information (such as paper) is handled and disposed of properly. Ling and Sons does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the Service or as described below.
1. Aggregated Information. Ling and Sons may use aggregated information regarding its customers and usage of the Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
2. Third Party Service Providers. Ling and Sons may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
4. Enforcement of Agreement or Compliance with Law. Ling and Sons may use or disclose personal information when Ling and Sons believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Ling and Sons or its users or to comply with the law.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the Aruba and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Ling & Sons to be in conflict with the spirit or intent of this Agreement. YOU WILL BE PERSUED BASED ON YOUR CONDUCT AND USE OF THE SITE AND SERVICE BY DUTCH, ARUBIAN JUDICIAL LAWS AND WILL BE LIABLE TO ALL CHARGES IF FOUND TO BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LING AND SONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; LING & SONS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. LING AND SONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES. LING AND SONS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER LING AND SONS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “LING AND SONS PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICE, OR THE INTERNET. LING AND SONS’ LIABILITY 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 SERVICE AND TO TERMINATE THIS AGREEMENT. LING AND SONS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. Ling and Sons controls and operates the Site and uses it for its store Oranjestad Aruba. Ling and Sons make no representation that these materials are appropriate or available for use in other locations. This service is currently available for Aruba.
You agree to defend, indemnify, and hold Ling and Sons harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including but not limited to attorney’s fees and legal procedural costs, arising in connection with a violation of this Agreement by you or through use of our service.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Ling and Sons may suspend or terminate this Agreement or the Service or remove or disable access to any portion of the Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Ling and Sons NV reserves the right to collect costs and charges incurred before you cancel your Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Ling and Sons may give notice to you of a change in this Agreement, a change in Ling and Sons cost schedule, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Ling and Sons by electronic mail.
Attention: ONLINE CUSTOMER SERVICE
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Governing Law; Jurisdiction
This Agreement shall be governed by the laws of Aruba. You expressly agree that exclusive jurisdiction for any claim or dispute with Ling and Sons or relating in any way to your use of the Service or the Site resides in the Aruban Court of First Instance, The joint Court of Appeal of the Netherlands Antilles and Aruba and the Supreme Court of the Netherlands in The Hague, The Netherlands. Any cause of action by you must be instituted within one year after the claim has arisen or you will not only lose all your rights under the Agreement, but also all your rights provided to you by the Aruban laws.
The provisions of this Agreement are for the benefit of Ling and Sons Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. All obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Service.
Ling and Sons may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective seven days after they are initially posted on the Site. By using the Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on September 26, 2006.
Ling and Sons = Ling & Sons NV.
Ling & Sons Parties = Ling & Sons NV., and its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants or licensors.
The Service = the online customer and shopping service that is provided by Ling & Sons NV., under this Agreement.
The Agreement = the legally contractual binding document between Ling & Sons NV., and the customer who accepts and uses The Service provided by Ling & Sons NV., under the Agreement.
The Site = the website on the internet of Ling & Sons NV.
If you do not agree with all of the terms and conditions, do not use the Site or Ling and Sons Online Shopping Service.
If you have any questions about this Agreement or the Site please call our Customer Service representative at (297) 521-2370