Terms of Sale (06-09-21)
PLEASE READ THESE TERMS OF SALE (“SALES TERMS”), WHICH INCLUDE BY REFERENCE OUR TERMS AND CONDITIONS OF USE (“USE TERMS”) AND PRIVACY STATEMENT. PLEASE NOTE THAT OUR USE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. THESE SALES TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CLIF BAR & COMPANY.
Last modified: June 9, 2021
Welcome to Clif Bar’s online ordering platform! We urge you to carefully review these Terms of Sale as they contain and incorporate the legal terms and conditions that govern your online ordering and purchase of products from us. We hope you find our Sites helpful and informative, and please enjoy the products that you purchase here.
1. INTRODUCTION. These Sales Terms, together with our Use Terms that incorporate these Sales Terms by reference and our Privacy Statement that is incorporated therein, form the agreement that governs your ordering and purchase of products (the “Agreement”) from this website or the mobile version thereof (each or collectively, the “Site”). The Site and its related services and applications are being offered by Clif Bar & Company and/or its affiliates (collectively, “we”, “us”, “our” or “Clif Bar”). We may, in our sole discretion and at any time, modify, suspend or discontinue some of all parts of the Agreement and/or the Site contents. Your use of the Site and/or placing an order for one or more products on the Site constitutes your acceptance of this legally binding Agreement with Clif Bar and agreement to comply with the Agreement. You agree that it is your responsibility to monitor changes to our Site. A third party vendor hosts our online store and provides us with the online e-commerce platform that allows us to offer and sell our products to you. Your use of the e-commerce platform is subject to the additional terms applicable to such Third Party Service as set forth in Section 13 of the Use Terms.
2. ORDERING. You agree that your order is an offer to buy the products listed in your order under these Sales Terms. All orders must be accepted by us in order to become a binding obligation to sell you products, and we may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email at the email address you provided to us for your order with your order number and details of the items you have ordered. Acceptance of your order will take place after you click “Pay Now” and receive an order confirmation number.
Most orders of in-stock products placed before the cutoff time (12:15 PM Pacific Time) Monday through Friday (excluding major holidays) will ship the same business day. Most orders of in-stock products placed on Saturday or Sunday will ship the next business day. Depending on your ZIP code, you can expect your delivery within 1 to 8 business days from shipment. When your order ships, we’ll e-mail you confirmation with tracking information for your order. Order fulfillment is subject to product availability. Additionally, order fulfillment and delivery is subject to factors outside of Clif Bar’s control and Clif Bar does not guarantee delivery by any certain date. The inclusion of a product on our Sites does not mean that such product is or will be available for purchase through our Sites or through any retail or wholesale distributor.
1-2 Day Delivery: CA, AZ, NV, UT
2-3 Day Delivery: WA, OR, ID, MT, WY, CO, NM
3-4 Day Delivery: ND, SD, NE, KS, OK, TX, MN, IA, MO, AR, LA, WI, IL, MI, IN, OH, KY, TN, MS, AL
4-5 Day Delivery: ME, VT, NH, MA, NY, CT, RI, NJ, PA, DE, MD, WV, VA, NC, SC, GA, FL
8 Day Delivery: HI, AK
3. SHIPPING ADDRESS. We currently ship to the 48 contiguous states of the United States, and Alaska and Hawaii. We also ship to P.O. boxes as well as APO/DPO addresses. We do not currently ship to FPO international locations, or United States territories and protectorates.
4. SHIPPING CHARGES. The ground shipping charge in the 48 contiguous states for orders $40 or higher is free, and $7 for orders less than $40.
5. RETURNS AND REFUNDS. We want our customers to be happy with our products. If you are not satisfied with your purchase, please contact Clif Bar Customer Care by phone at 1 (800) CLIFBAR or on our website at www.clifbar.com/contact-us within 30 days of your receipt of the product to discuss your concerns. Due to the nature of our products, we handle requests for returns and refunds on a case-by-case basis (but any such requests must be made within 30 days of your receipt of the product). Please note that in no event will we be responsible for more than the price you paid for the applicable products, less any applicable shipping costs. Please have your order number available when you contact us to help expedite your request.
6. PAYMENT METHODS. Our Site currently accepts credit cards issued by Visa, MasterCard and American Express. We also accept PayPal and ShopPay. Your credit card is charged when your order ships. If the credit card issuer does not authorize payment to us for any reason, we are not liable for any delay or non-delivery of your order. You represent and warrant that you have the legal right to use any payment method you provide in connection with your order. By submitting your payment information, you authorize us, and any third party collecting this information on our behalf, to provide your information to third parties to facilitate your requested transaction.
7. CANCELLATIONS. We cannot guarantee requests for changes or cancellations once you submit your order on the Site, because our system promptly processes your order for shipment. Please contact Clif Bar Consumer Care by phone at 1 (800) CLIFBAR (1-800-254-3227) for assistance if you have any questions.
8. DISCOUNTS, PROMOTIONS AND SUBSCRIPTIONS. From time to time we will share current information about our product promotions, sales or discount code offers. We will typically share these updates on our website, in our social media and, subject to our Privacy Statement, via e-mail to individuals we think would be interested in knowing about them. We may also offer subscriptions as a means to order our products. Any subscription offered on the Site, and any purchases made pursuant to any subscription, are also subject to our Subscription Terms.
9. PRICES. Prices for our products are subject to change without notice, however, price changes made after a submitted order will not apply to that order. The product prices on the Site are in U.S. dollars and exclude sales tax, if applicable.
All prices shown on the Site are in U.S. Dollars and are exclusive of applicable sales tax. We reserve the right to change prices at any time without notice to you, provided that any changes made after your order is submitted will not apply retroactively.
The amount of tax charged on your order will depend on the item purchased and the destination of the shipment. Certain items may be exempt from sales tax, depending on state and local laws. The sales tax actually charged will be calculated and will reflect applicable state and local taxes after you have entered your shipping address, selected the shipping method, and continue to payment. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can include shipping and handling fees.
We will attempt to collect applicable taxes where we’ve determined we have a duty to. We are not required to, and do not, collect taxes in all states. You may have a duty to directly report and pay taxes if we do not collect such taxes. It’s understood that you are ultimately responsible for any use, ad valorem, and other applicable taxes and fees related to your purchase.
10. PRICE OR DESCRIPTION ERRORS. We endeavor to present all information on the Site accurately, however, we do not warrant or guarantee accuracy, and we are not responsible if product descriptions, specifications, or pricing on our Site is not complete, accurate, reliable, current or error-free. If you become aware of an error, please call it to our attention by contacting Clif Bar Customer Care. We reserve the right to cancel any orders arising from such errors.
11. RISK OF LOSS. You are solely responsible for providing us with a correct, safe shipping address accessible by common carriers during the Site order checkout process. You hereby release us from any and all liability if the delivery address provided to the Site is incorrect or if you fail to collect the order shipment from the delivery address provided to the Site. Title to, and the risk of loss of, the product(s) ordered transfers to you upon delivery to the delivery address provided to the Site.
12. RESERVED RIGHTS. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order including without limitation orders placed under the same customer account, credit card or using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by email or billing contact information provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate ordering and account information for all purchases you wish to make on the Site. You agree to promptly update your account and other necessary information so that we can complete your order and contact you as needed.
13. NOTICE TO CALIFORNIA CUSTOMERS. Under California Civil Code Section 1789.3, California users may be entitled to the following consumer rights notice: If you have a question or comment about our online shop, you may contact us using our Contact Us form. You also may contact us by writing to: Clif Bar & Company, 1451 66th Street, Emeryville, CA 94608; or by calling us at 1 (800) CLIFBAR. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
Questions or comments regarding our Sites, including reports of non-functioning links, should be submitted using our Contact Us form or via U.S. mail to: Clif Bar & Company, 1451 66th Street, Emeryville, CA 94608.
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