The following Terms and Conditions ("Terms and Conditions" or "Agreement") set forth the entirety of the terms between Cygnus Home Service, LLC dba Schwan's Home Delivery and you, the customer, when you enroll in and utilize the Schwan's Home Delivery Auto-Reorder Program. These Terms and Conditions are effective upon the moment of your enrollment and shall continue until terminated as further set forth herein.
1. Schwan's Home Delivery Auto-Reorder Program and www.schwans.com Website.
Program is a transaction, information and delivery service available to authorized users ("customers") who access www.schwans.com and opt into the Program for regular recurring delivery of Schwan's Home Delivery products specified. The following Terms and Conditions will govern the Program between Schwan's Home Delivery ("us," "our" or "we") and customers enrolled in the Program ("customer" "your" or "you").
2. Auto-Reorder Program.
Schwan's Home Delivery employees, agents or designees will deliver your orders placed with Schwan's Home Delivery through the Program, via in-person or unattended delivery on a recurring cadence you select in your enrollment and ordering via the Program along with any other orders or at-the-door purchases you may make in conjunction with Schwan's Home Delivery delivery service. Delivery will be made to the delivery address that you specify on the My Auto-Reorder page each time you receive an order with the Program. Payment for the items delivered is due at the time of delivery and must be made via a valid and confirmed primary credit card or debit card on file with Schwan's Home Delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive it, and by that person's acceptance, you authorize the billing of your primary credit card or debit card on file. If you are not satisfied for any reason with an item purchased through the Program, you may return it and it will be credited against your next Program order. If you have so opted, you will receive text message alerts reminding you of your delivery, before, after or at the moment of delivery, as applicable. To enroll in text message alerts, or to unsubscribe from these alerts, and to review the terms and conditions related to Schwan's text messaging and other contact programs click here. If you are not enrolled in text message alerts, one "safe harbor" text alert for delivery may be sent to you informing you of the status of your delivery under applicable Telephone Consumer Protection Act (TCPA) regulations and the applicable clarifications and guidance issued by the Federal Communications Commission (FCC). For complete information on Schwan's Home Delivery text notifications, click here.
- If no one is available to take your Program order, it will be left in an insulated freezer package as an unattended delivery, and your order will be left unattended at your door or other place you designate. Schwan's Home Delivery is not responsible, and you agree not to hold Schwan's Home Delivery or its employees responsible for any damage or theft that occurs to an unattended delivery. Schwan's Home Delivery reserves the right to refuse to leave an order unattended if the Schwan's Home Delivery employee considers the circumstances to be unsuitable or unsafe for any reason.
3. Your Account
You agree to provide Schwan's Home Delivery with accurate and complete information as required by registration for the Schwan's Home Delivery service ("Customer Registration Data"), including, but not limited to, your full legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and agree to promptly notify Schwan's Home Delivery of any change in your Customer Registration Data. Your account information, login and password should be kept strictly confidential to prevent unauthorized use. You agree to notify Schwan's Home Delivery immediately of any unauthorized use of your password or your account or loss or theft of your credit card or debit card number. You will remain liable for any use of the Program until you notify PROGRAM of any unauthorized use, loss or theft of that information or those items.
4. Fees, Payment and Access.
You are responsible for, and agree to pay promptly, all charges to your account as part of the Program, including applicable taxes and purchases by you or anyone you allow to use your account, including your family, friends, authorized agents or other customers. If you fail to pay any amounts, fees or charges when due (which includes electronic payment rejection, or damages arising from fraudulent use), Schwan's Home Delivery may charge such amount directly to the primary credit card identified in your Customer Registration Data on file for use in the Program. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Schwan's Home Delivery may incur in its efforts to collect any unpaid balances from you. Your right to use the Schwan's Home Delivery service is also subject to limits established by your credit card issuer.
5. Unauthorized or Fraudulent Use.
Schwan's Home Delivery does not offer the Program to children. By registering for the Program, you warrant that you are at least 18 years old. From time to time, Schwan's Home Delivery may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Schwan's Home Delivery reserves the right to charge the credit card
6. Changes in Program or Delivery Service.
Schwan's Home Delivery may at any time change any of these Terms and Conditions. If Schwan's Home Delivery makes material changes to these Terms and Conditions or changes the Program materially, Schwan's Home Delivery will provide notice to you in a manner provided herein. Your use of the Program after any such change will be conclusively deemed acceptance of such change. Schwan's Home Delivery may discontinue or revise any or all aspects of the Program without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your service under the Program.
7. Termination
Schwan's Home Delivery may suspend or terminate your access to the Program at any time for any reason with or without notice to you. You may terminate your enrollment in the Program at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. Schwan's Home Delivery reserves the right to collect unpaid amounts, and related fees and charges incurred before you cancel your enrollment in the Program. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
8. Limitation of liability and disclaimer of warranty.
Your use of the Program and the Internet is entirely at your own risk. The Program and its contents are provided on an "as is", "as available" basis. To the fullest extent permitted by law, Schwan's Home Delivery disclaims all representations and warranties, including, but not limited to, warranties as to the availability, accuracy or content of information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. Schwan's Home Delivery does not warrant that the functions provided by www.schwans.com or the Auto-Reorder Program will be uninterrupted or error-free, or that www.schwans.com or the server that makes it available are free from viruses or other harmful components.
Neither Schwan's Home Delivery nor any of its directors, employees, investors agents, licensors or merchants (collectively, its "associates") shall be liable for damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, arising from your use of, or inability to use, the Program the internet or for any other claims related in any way to your relationship with Schwan's Home Delivery. Schwan's Home Delivery liability is limited to crediting your account, or providing a suitable replacement for products sold by Schwan's Home Delivery and returned by you. Because some states or jurisdictions do not allow limitations on implied warranties or of certain damages, in such states and jurisdictions warranties and liability are limited to the greatest extent permitted by law.
The material on www.schwans.com is provided for lawful purposes only.
9. Indemnification
You agree to defend, indemnify and hold Schwan's Home Delivery and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account, or that of any third party which may arise under these Terms and Conditions.
10. Privacy and Security.
Your privacy is important to us. We want to make you feel comfortable and secure shopping with us and utilizing the Program. Our Privacy Policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. While using the Program, you may give us special shopping and delivery instructions, which we store and use to deliver your order to your specifications. Schwan's Home Delivery also receives and stores certain types of information whenever you interact with us through the use of "cookies." You may at any time review and change your personal information stored by www.schwans.com by accessing your account page.
11. Miscellaneous
This Agreement states your entire agreement with Schwan's Home Delivery regarding the use of the Program. 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.
- This Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Schwan's Home Delivery or its Associates or relating in any way to your use of the Program or www.schwans.com resides in the courts of Minnesota, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Minnesota in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
12.Notices.
Schwan's Home Delivery may give notice to you of a change in this Agreement, a change in the PROGRAM Fee Schedule, and any other matter by general posting on www.schwans.com. You may give notice to Schwan's Home Delivery by calling 1-888-724-9267 or by conventional mail to: Schwan's Home Delivery Auto-Reorder Program, 115 West College Drive, Marshall, MN 56258.