Terms of Sale

Catalina Crunch Terms of Sales 

 
1.    AGREEMENT: THE ACCEPTANCE OF CUSTOMER’S ORDER IS EXPRESSLY MADE CONDITIONAL ON CUSTOMER’S ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND CATALINA SNACKS, INC. (“CATALINA CRUNCH”) AGREES TO FURNISH THE PRODUCTS ORDERED THEREIN (“PRODUCTS”) ONLY UPON THESE TERMS AND CONDITIONS OF SALE. Any different or additional terms or conditions that may be contained in any purchase order or other form provided by Customer shall be without force and effect, regardless of when received by Catalina Crunch. No waiver, alteration, or modification of any of the provisions hereof shall be binding on Catalina Crunch unless made in writing and signed by an authorized representative of Catalina Crunch. Catalina Crunch reserves the right to accept or reject any order in whole or in part. 
2.    CANCELLATION: We reserve the right to refuse any order Customer places with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.
3.    PAYMENT; TAXES: All payments shall be processed through our payment processor Shopify. We do not process or store full payment card details.[HB1.1] For more information, see Shopify’s Terms of Service[HB2.1]. There shall be added to the purchase price of each Product amounts equal to any sales, use, or equivalent taxes required to be collected by Catalina Crunch, unless Customer provides Catalina Crunch with an appropriate exemption certificate. 
4.    DELIVERY: Unless otherwise agreed upon by Catalina Crunch in writing, delivery terms are FOB Catalina Crunch’s place of business. Any surcharges levied on Catalina Crunch by carriers will be charged to Customer. Customer is advised that quoted ship dates are based on estimates at the time of quotation and that Catalina Crunch will use commercially reasonable efforts to meeting such schedules; provided, however, Catalina Crunch assumes no liability for additional costs or damages resulting from late deliveries. Unless otherwise agreed by Catalina Crunch in writing, Catalina Crunch may deliver Products in partial shipments or in advance of the specified delivery date. Catalina Crunch shall not be liable for any Product(s) lost, damaged, or destroyed while in transit, and Customer acknowledges and agrees that any risk of such loss, damage, or destruction transfers to, and is assumed by, Customer upon delivery of Product(s) to a common carrier or when otherwise placed in transit.
5.    REFUNDS: We do not accept returns. If you are not completely satisfied with a product purchased from our authorized sellers and would like to request a refund, please view our “Love Every Bite Guarantee” Policy for terms and conditions.
6.    LIMITED WARRANTY: CATALINA CRUNCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES NOT INCLUDED HEREIN, EXPRESS, OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CATALINA CRUNCH’S ELECTION TO CURE A DEFECT IN ACCORDANCE WITH THIS SECTION SHALL CONSTITUTE CUSTOMER’S SOLE REMEDY.
7.    COMPLIANCE; EXPORT: Customer shall comply with all applicable laws, including, without limitation, any related to Customer’s storage handling, transportation, possession, use or resale of the Products. Products are not for resale outside of the United States. Customer shall not export any Products.
8.    LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL CATALINA CRUNCH BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) CATALINA CRUNCH’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO ANY PRODUCT SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNTS PAID TO CATALINA CRUNCH BY CUSTOMER FOR THE SPECIFIC LOT OF PRODUCT GIVING RISE TO THE CLAIM, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST CATALINA CRUNCH. WITHOUT LIMITING AN APPLICABLE WARRANTY, NO ACTION RELATING TO THE PRODUCTS MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER SHIPMENT. CUSTOMER AGREES THAT CATALINA CRUNCH’S AFFILIATES HAVE NO OBLIGATION OR RESPONSIBILITY IN CONNECTION WITH THE PRODUCTS OR ANY ORDER THEREFORE. 
9.    FORCE MAJEURE: Catalina Crunch shall not be liable for any delays in making delivery where occasioned by any causes beyond the control of Catalina Crunch, including, but not limited to, fires, floods, accidents, action of any governmental authority, war, insurrection or riots, or shortages of labor, energy, raw materials, production facilities, or transportation. Catalina Crunch shall not be obligated to accept any order and may cancel any previously accepted order without cause and without liability.
10.    GOVERNING LAW AND VENUE: The rights and obligations of the parties shall be governed by the laws of the State of New York, irrespective of any choice of law rules which may direct the application of the law in another jurisdiction. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any federal court located within New York. Each party hereby irrevocably (a) agrees that process may be served on it in any manner authorized by the laws of the State of New York, and (b) waives any objection which it might otherwise have to service of process under the laws of the State of New York. 
11.    COMPLIANCE WITH POLICIES:  Customer agrees that Customer’s right to purchase and resell any Product(s) is subject to such terms and conditions as Catalina Crunch may impose from time to time as part of Catalina Crunch’s requirements for the right to purchase and resell any Product(s), whether as a wholesaler or other authorized reseller (the “Requirements”). If applicable Customer shall comply with all such Requirements, as updated by Catalina Crunch from time to time at Catalina Crunch’s option. Customer and Catalina Crunch are each independent contractors and nothing shall be deemed or construed as creating a joint venture, partnership, agency relationship, franchise, or business opportunity between Customer and Catalina Crunch. [Customer shall not pay Catalina Crunch any royalty fee or fee for the right to purchase and resell the Products, nor does Catalina Crunch require Customer to purchase any minimum inventory of the Products. Customer shall remain an independent business, free to conduct its business in the manner that Customer chooses, so long as, if Customer wishes to retain the right to purchase and resell any Product(s), Customer complies with the Requirements.][HB3.1]
12.    MISCELLANEOUS: Customer acknowledges that it has not been induced to purchase any Product from Catalina Crunch by any representation or warranty not expressly set forth herein. This document constitutes the entire agreement of the parties and supersedes all existing agreements and all other oral or written communication between them concerning its subject matter. None of the terms and conditions contained herein may be added to, modified, superseded, or otherwise altered except by a written document signed by an authorized representative of Catalina Crunch. The paragraph headings contained herein are intended for convenience of reference only and shall not affect the interpretation of any provision. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Last updated on August 11, 2025.