Last Updated and Effective Date: September 24, 2021
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to product sample(s) and services from Morinaga Nutritional Foods, Inc., and its affiliated companies (collectively “Morinaga”), except to the extent that you have entered into a separate written agreement with Morinaga that supersedes some or all of these Product Sample Terms and Conditions. By placing an order for a product sample(s) through this website or any other Morinaga website (collectively referred to as the “Site”), you agree to be bound by and accept these Product Sample Terms and Conditions. If you are accepting these sample terms and conditions on behalf of another person or entity, including, without limitation, your employer, agent, principal, or client, then you also represent and warrant that (i) you have the legal authority to bind that person or entity to these sample terms and conditions and (ii) you will promptly inform that person or entity about them. If you do not agree to these terms and conditions, you should not obtain products or services from this Site. You should also carefully review our Privacy Policy before placing an order for goods or services through this Site.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation for product sample(s) does not signify our acceptance of your order, nor does it constitute confirmation of our offer to provide a product sample(s). We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled by you unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We sell on this Site to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the product sample(s) and services which are offered on our Site. We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Assent
Our acceptance of your Order is conditioned upon your assent to this Product Sample Terms and Conditions. Your order or request of any product sample(s) from us, your act of clicking or otherwise placing the requested symbol via our website indicating acceptance of the Product Sample Terms and Conditions, or your receipt of any sample(s) constitutes your assent. Only the Product Sample Terms and Conditions shall apply to the order, and all other terms and conditions that you proffer, whether as part of an order or otherwise, are rejected and do not form a part of the Product Sample Terms and Conditions.
3. Account
You agree not to create more than one account, username, email address, or physical location address in connection with ordering or receiving any samples from Morinaga. Furthermore, you agree that you are responsible for all activity within or through your account for ordering sample(s) ("Account"), whether you authorized the activity. For any or no reason, Morinaga may, in its sole discretion, terminate your access to the Account.
You must provide Morinaga with a valid U.S. delivery address to receive a product sample(s). You are responsible to ensure that the delivery address provided to Us is correct and accurate. Only U.S. addresses will be accepted, as delivery of product sample(s) are only available for addresses within the contiguous U.S. We may, but are not under the obligation to, correct your postal address information with standardized postal representation to reduce the chance of mis-delivery due to an incorrect or incomplete address. We are not liable for any lost or stolen product sample(s), and/or loss or mis-delivery of any product sample(s) as a result of your providing Morinaga with a wrong/invalid delivery address.
4. Limit
Each household, Account and/or IP address is limited to a maximum of one (1) sample case (each containing 12 packs) per order. Each household, Account and/or IP address is limited to a maximum of one (1) order during the span of the promotion, which is from October 1, 2021, through October 31, 2021. Registration is required to place an order for and to receive a product sample(s). Registration is only limited to persons who hold a U.S. postal mailing address within the continental U.S. 18 years of age or older. We reserve the right, at our sole discretion, to refuse or revoke registration to any person without notice.
5. Shipping and Fulfillment Policy
Morinaga is not obligated to fulfill any order for any reason even if we issued a confirmation. Without limiting the generality of the foregoing, if Morinaga determines, at its sole discretion, that you (or someone associated with you) might have ordered or requested more than the number of sample(s) Morinaga expressly allows, Morinaga may elect to not send you any sample(s) or otherwise fulfill your order, and may, at its discretion, pursue any rights or remedies available to it under applicable law.
Our standard business hours are Monday to Friday 8:00 AM to 5:00 PM Pacific Time. Any orders placed outside of our standard business hours will not be processed until the following business days. If for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we reserve the right to cancel your order and advise you of such action. If we specify a carrier when you place your order, we reserve the right to substitute another carrier to deliver your order in our sole discretion.
All shipping charges are the responsibility of the Morinaga. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. All orders are shipped via ground transportation. Title to products passes from Morinaga to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
These shipping terms are accepted by you by placing an order with us.
6. Use of Samples
Permitted Use. Subject to the Product Sample Terms and Conditions Terms, you may use the sample(s) only to evaluate them specifically for (i) qualifying one or more Morinaga products for use in your existing food products, or (ii) designing or developing your new products incorporating one or more Morinaga products. The sample(s) may not be used for any other purpose. You may not sell or resell any product sample(s) provided to you.
Misuse. Product sample(s) must be used/consumed in strict compliance with their instructions, and in accordance with applicable federal, state, and local laws. Any unlawful use of a product sample(s) is strictly prohibited.
7. Trademarks
All trademarks and registered trademarks relating to products and services available through our Site are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.
8. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our Site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
9. Warranty and Return Policy
Morinaga will only processes returns of product sample(s) ordered from our website under these Product Sample Terms and Conditions. Please return Morinaga products purchased at other retailers back to that retailer according to their return policy. Morinaga guarantees at least a one (1) month shelf-life on Mori-Nu Plus shelf stable tofu product sample(s) but guarantees at least a three (3) month shelf-life on Mori-Nu Plus shelf stable tofu products purchased in the online store at morinuplus.com. (http://www.morinuplus.com/) As your sole remedy for any products that do not meet this guarantee, Morinaga will accept qualified and conforming products for exchange or refund within 30 days of the original delivery date. To return a product, please follow the steps below:
- Make sure the product qualifies for return or exchange. To qualify for exchange or refund:
Products must be in the original manufacturers packaging and shipped securely with sales receipt.
Products must be free from damage of any type, including, but not limited to dents, slices, punctures, scratches, stains, abuse, or defacement (except for damage that we determine occurred in transit).
- Call Customer Service at (310) 787-0200 to inform us of the return and/or describe the problem. We are open Monday through Friday excluding holidays, 8:00 AM to 5:00 PM Pacific Time.
10. Safe Shopping Guarantee
Your browser and our secure server vendor encrypt confidential information during transmission, ensuring that transactions stay private and protected.
You can always order and request the sample(s) by telephone. Call us at (310) 787-0200 within the United States. We cannot accept orders from outside the United States. No matter how you place your order with us, we want you to have a comfortable experience.
11. Privacy and Customer Information
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy here.
At any time, you may update your customer account information by following the instructions posted elsewhere on this Site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
12. Service and Support
All requests for service and support with respect to the products and services available through our Site should be made directly to us. Should you have any other questions or concerns, you should contact us at the information set forth herein.
Attn: Customer Service
Morinaga Nutritional Foods, Inc.
3838 Del Amo Blvd., #201
Torrance, CA 90503
Tel: 310-787-0200
13. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, pandemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
14. Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Product Sample Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Product Sample Terms and Conditions concerning the subject matter hereof, these Product Sample Terms and Conditions shall take precedence.
15. Governing Law and Statute of Limitations
This Site is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase and/or receipt of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
We make no representation that the products and services available through our Site are appropriate or available for use in locations outside of the United States and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.