Terms of Service
Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizza-davannis.digital (the "Site") or any services offered by Davanni's ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise interacting with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Site and our services.
1. Acceptance of Terms
By visiting, browsing, or using pizza-davannis.digital in any manner, including but not limited to placing an order for food, creating an account, subscribing to promotions, or simply viewing content, you enter into a legally binding agreement with Davanni's, subject to these Terms of Service and all applicable federal, state, and local laws of the United States.
These Terms apply to all users of the Site, including without limitation users who are browsers, customers, vendors, merchants, and contributors of content. If you are using our Site on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.
We reserve the right to update, revise, or replace any part of these Terms at our sole discretion. We will post the updated Terms on this page with a revised effective date. Your continued use of the Site after any modifications constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.
You must be at least 18 years of age to use this Site and place orders. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may only use this Site with the involvement and consent of a parent or legal guardian, and only for non-transactional purposes such as browsing menus.
2. Description of Services
Davanni's operates as a food service business offering a range of food and beverage products, including but not limited to pizzas, sandwiches, pasta dishes, salads, appetizers, and specialty menu items (collectively, "Products"). Our services include:
- Online Ordering: Customers may place food orders through our Site for pickup or delivery, subject to availability and service area coverage.
- Menu Browsing: Users may browse our current menu offerings, including detailed descriptions, pricing, allergen information, and promotional specials.
- Account Management: Registered users may create and maintain a customer account to streamline future orders, store preferences, and access order history.
- Promotional Services: We may offer promotional codes, loyalty rewards, discount programs, and special offers from time to time, each subject to their own terms and conditions.
- Customer Communications: With your consent, we may send email or text-based communications regarding your orders, promotions, and company news.
- Catering and Group Orders: We may offer catering services for large groups or events, subject to separate agreements and advance notice requirements.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time and without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Menu items, pricing, and availability are subject to change without prior notice.
Our Site is intended solely for personal, non-commercial use by customers located within our operating service areas in the United States. Any commercial use of the Site or its content without our express written consent is strictly prohibited.
3. User Accounts and Registration
Certain features of our Site may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by our registration form. You further agree to maintain and promptly update this information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately at [email protected].
We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion if we believe that a user has violated these Terms or engaged in any unlawful or harmful conduct.
4. User Obligations and Prohibited Activities
By using our Site and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable local, state, and federal laws and regulations of the United States. You expressly agree that you will NOT engage in any of the following prohibited activities:
4.1 General Prohibitions
- Violating any applicable federal, state, or local laws, ordinances, regulations, or rules, including but not limited to the Federal Trade Commission Act (FTC Act), and any applicable consumer protection statutes.
- Using the Site for any fraudulent, misleading, or deceptive purpose, or engaging in any conduct that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Impersonating any person or entity, including any employee or representative of Davanni's, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
- Providing false, inaccurate, or misleading information when registering for an account, placing an order, or communicating with our staff.
- Using another person's account without authorization, or allowing another person to use your account credentials.
4.2 Technical Prohibitions
- Using any automated means, including robots, spiders, scrapers, or similar data-gathering or extraction tools, to access the Site or any content therein without our express written consent.
- Interfering with or disrupting the integrity or performance of the Site or the data contained therein, or attempting to gain unauthorized access to any portion of the Site, its related systems, or networks.
- Transmitting any viruses, malware, Trojan horses, worms, or any other disruptive, harmful, or malicious code through the Site.
- Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software underlying the Site.
- Using the Site in a manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site.
4.3 Content Prohibitions
- Posting, transmitting, or otherwise making available any content that infringes upon any third party's intellectual property rights, privacy rights, or other proprietary rights.
- Submitting false or misleading reviews, ratings, or feedback about our Products or services.
- Using the Site to advertise or promote third-party goods or services without our prior written consent.
- Collecting or harvesting any personally identifiable information from the Site, including account names, without authorization.
Any violation of the above prohibitions may result in immediate termination of your access to the Site and may subject you to civil and/or criminal liability.
5. Ordering, Payment, and Pricing
5.1 Order Placement
When you place an order through our Site, you are making an offer to purchase the Products you have selected at the prices listed. All orders are subject to acceptance by Davanni's, and we reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity.
You will receive a confirmation of your order via email or on-screen notification once your order is accepted. This confirmation does not guarantee delivery at any specific time or guarantee that all items will be available. In the event that any items are unavailable, we will notify you as soon as reasonably practicable and offer a refund or substitution at our discretion.
5.2 Pricing and Fees
All prices listed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, delivery fees, service charges, and any other applicable fees will be calculated and disclosed to you prior to the completion of your order. Prices displayed at the time of your order confirmation shall be the prices charged.
We make every effort to ensure that our pricing is accurate; however, errors may occur. If we discover a pricing error after you have placed your order, we will notify you and give you the option to proceed with the corrected price or cancel your order for a full refund.
5.3 Payment Methods
We accept various forms of payment as indicated on our Site at the time of checkout, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital wallets, and gift cards issued by Davanni's. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and that the payment information is accurate and complete.
All payment transactions are processed through secure third-party payment processors. Davanni's does not store your full credit card or payment information on our servers. By providing your payment information, you authorize us to charge the applicable amount to your selected payment method.
5.4 Refunds and Cancellations
Once an order has been submitted and accepted, cancellations may not be possible, particularly for orders already in preparation. If you wish to cancel an order, please contact us immediately at [email protected]. Refunds, if applicable, will be processed at our discretion and may take several business days to appear in your account depending on your financial institution.
If you receive a Product that does not match your order or is otherwise defective, please contact us within 24 hours of receipt. We will work with you in good faith to resolve the issue, which may include a partial or full refund, store credit, or replacement order.
6. Intellectual Property Rights
All content on pizza-davannis.digital, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall appearance and "look and feel" of the Site (collectively, "Content"), is the proprietary property of Davanni's or its content suppliers and is protected by United States copyright laws, trademark laws, trade dress laws, and other applicable intellectual property laws and international treaties.
The Davanni's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Davanni's or its affiliates or licensors. You may not use such marks without the prior written permission of Davanni's. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:
- Resell or commercially use the Site or its Content;
- Collect and use any product listings, descriptions, or prices;
- Make any derivative use of the Site or its Content;
- Download or copy account information for the benefit of another merchant;
- Use data mining, robots, or similar data gathering and extraction tools.
Any unauthorized use of our intellectual property terminates the permission or license granted by Davanni's and may expose you to civil and criminal liability under applicable United States law, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
If you believe that any content on our Site infringes upon your copyright or other intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, sufficient to identify the claimed copyrighted work, and your contact information.
7. Disclaimers and "As-Is" Basis
THE SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY DAVANNI'S ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVANNI'S EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DAVANNI'S DOES NOT WARRANT THAT:
- The Site will be uninterrupted, error-free, or free of viruses or other harmful components;
- The results obtained from use of the Site will be accurate, reliable, or satisfactory;
- Defects in the Site or services will be corrected in a timely manner;
- Information on the Site is complete, accurate, or current;
- The Site will meet your expectations or requirements.
Allergen and nutritional information provided on our Site is based on our standard recipes and may vary based on supplier changes, preparation methods, and regional ingredient variations. We strongly encourage customers with known food allergies or dietary restrictions to contact us directly before placing an order. Davanni's cannot guarantee that any of our Products are free from any specific allergen.
Any reliance you place on information provided through the Site is strictly at your own risk. We are not responsible for any loss or damage arising from your reliance on any information, content, or material posted on the Site by us or any third party.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVANNI'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH:
- Your access to or use of (or inability to access or use) the Site or our services;
- Any conduct or content of any third party on the Site;
- Any Products purchased or obtained through the Site;
- Unauthorized access to or alteration of your transmissions or data;
- Any other matter relating to the Site or our services.
EVEN IF DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, DAVANNI'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO DAVANNI'S IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
9. Indemnification
You agree to defend, indemnify, and hold harmless Davanni's, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Service;
- Your use of the Site or services in any manner not expressly authorized by these Terms;
- Your violation of any third party's rights, including without limitation intellectual property rights, privacy rights, or any other proprietary rights;
- Your violation of any applicable federal, state, or local law or regulation;
- Any content or materials you submit, post, transmit, or make available through the Site;
- Your misrepresentation of any information provided to Davanni's.
Davanni's reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Davanni's. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. Third-Party Links and Services
Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Davanni's. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services. We do not warrant the offerings of any of these entities or individuals, or their websites.
You acknowledge and agree that Davanni's shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Inclusion of any link on our Site does not imply endorsement by Davanni's of the linked site. If you decide to access any linked third-party website, you do so entirely at your own risk.
11. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using our Site, you consent to the practices described in our Privacy Policy.
To the extent you are a resident of California, our collection and use of your personal information is also subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.
12. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Davanni's primary business operations are located, without giving effect to any choice or conflict of law provision or rule.
Any legal action, suit, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts of competent jurisdiction within the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the exercise of jurisdiction over you by such courts or to venue in such courts.
Notwithstanding the foregoing, Davanni's reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or other proprietary interests without the requirement of posting a bond or other security.
These Terms are governed by applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 45) with respect to unfair or deceptive acts or practices in commerce.
13. Dispute Resolution
13.1 Informal Resolution
Before initiating any formal dispute resolution process, you agree to first contact Davanni's at [email protected] and provide a written description of your dispute, the relief you seek, and your contact information. We will attempt to resolve any dispute through informal negotiation within thirty (30) calendar days of receiving your notice. Both parties agree to engage in good-faith efforts to resolve any dispute informally before pursuing formal proceedings.
13.2 Binding Arbitration
If informal resolution efforts fail within the thirty (30) day period, any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration administered by a recognized arbitration organization such as the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or JAMS, in accordance with its Streamlined Arbitration Rules and Procedures.
The arbitration shall be conducted in English, at a location mutually agreed upon by the parties or, if no agreement is reached, via written or telephonic submission. The arbitrator's decision shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.
You and Davanni's each agree to bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
13.3 Exceptions to Arbitration
Notwithstanding the agreement to arbitrate, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm. Additionally, claims related to intellectual property rights may be pursued in court rather than through arbitration.
13.4 Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL WITH RESPECT TO ANY ACTION, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES.
14. Term and Termination
These Terms of Service shall remain in full force and effect while you use the Site or our services. We reserve the right, in our sole discretion, to:
- Terminate or suspend your access to the Site or any portion thereof immediately, without prior notice or liability, for any reason, including without limitation if we believe you have violated or acted inconsistently with these Terms;
- Discontinue or modify the Site or any service or content offered through the Site at any time without notice;
- Impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may do so at any time by discontinuing use of the Site and contacting us to request account deletion. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any termination of your access to the Site or your account.
15. Changes to Terms
Davanni's reserves the right, at its sole discretion, to modify, update, or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and may notify you through the Site, by email, or other reasonable means of communication. The most current version of the Terms will always be posted at pizza-davannis.digital.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If the modified Terms are not acceptable to you, your sole recourse is to cease using the Site. We encourage you to check this page regularly so that you are aware of any modifications, as they are binding on you.
No amendment or modification of these Terms shall be binding unless made in writing and posted on our Site or otherwise communicated to you in a manner consistent with these Terms.
16. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction or an arbitrator, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions of these Terms shall continue in full force and effect.
In the event that any provision is found to be partially unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The parties agree that a court or arbitrator may modify any unenforceable provision to the extent necessary to make it enforceable while giving effect to the parties' original intent.
17. Entire Agreement and Waiver
These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Davanni's on the Site, constitute the entire agreement between you and Davanni's concerning your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and its content.
No waiver by Davanni's of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Davanni's to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any default shall not constitute a waiver of any subsequent default.
18. Force Majeure
Davanni's shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, fire, flood, earthquake, storm, hurricane, tornado, or other natural disasters; epidemic or pandemic; war, invasion, acts of terrorism, civil unrest or riot; strikes, labor disputes, or other industrial actions; power outages, internet service interruptions, or telecommunications failures; governmental orders or regulations; or any other event beyond our reasonable control (collectively, "Force Majeure Events").
In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume performance as soon as reasonably practicable. We will notify customers of any material disruptions to services caused by Force Majeure Events through the Site or via email where practicable.
19. Electronic Communications and Consent
By using our Site and providing your contact information, you consent to receive electronic communications from Davanni's, including emails, text messages, push notifications, and other digital communications related to your orders, account activity, and promotional offers (subject to applicable opt-out rights and applicable law, including the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the CAN-SPAM Act, 15 U.S.C. § 7701 et seq.).
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions provided in such communications or by contacting us directly.
20. Accessibility
Davanni's is committed to ensuring that our Site is accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and applicable provisions of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Site or its content, please contact us and we will make reasonable efforts to provide you with the information or service you need through an alternative means.
21. Children's Privacy
Our Site is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately. We comply with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., and will take steps to promptly delete any such information from our systems.
22. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact us for any reason related to your account or our services, please reach out to us using the following contact information:
| Company Name | Davanni's |
|---|---|
| Email Address | [email protected] |
| Website | pizza-davannis.digital |
| Jurisdiction | United States |
We aim to respond to all inquiries within two (2) to five (5) business days. For urgent matters relating to food safety, allergen concerns, or order emergencies, please use the contact information above and clearly mark your message as urgent.
These Terms of Service were last updated on April 8, 2026. Davanni's reserves all rights not expressly granted herein.