TERMS AND CONDITIONS OF SALE
Read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause.
These terms and conditions (the “Agreement”) apply to your purchase of products and/or services offered on this Web site by Taster’s Club LLC (the “Company”). By placing your order, you accept and are bound to the terms and conditions of this Agreement. This Agreement shall apply unless you have a separate purchase agreement with the company, in which case the separate agreement shall govern.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in writing and signed by both you and the Company.
Payment terms are within the Company’s sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. Your order is subject to cancellation by the Company, at the Company’s sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
Shipping and handling fees are included with your purchase unless otherwise indicated at the time of sale.
Monthly deliveries made by the Company are scheduled to arrive the last week of each month. You acknowledge that delivery dates are non-binding estimates only and that you have no claim against us for delays or early deliveries. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
The Company is not responsible for:
- Items delivered to incorrect addresses supplied by the sender or recipient.
- Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the sender or recipient.
- Decreased product quality due to an incorrect delivery address supplied by the sender or recipient, or a re-route requested by the sender or recipient.
Product quality problems caused by improper handling by the recipient including product quality problems resulting from perishable items that are left unattended or unopened by the recipient.—
RETURNS, DAMAGES AND CANCELLATIONS
Due to the perishable nature of most of our items, we are unable to accept returns under any circumstances.
All claims for damaged, spoiled, or missing shipments must be made by the fifteenth day of the month following your scheduled delivery. Claims may be made by email to firstname.lastname@example.org or by calling. For claims made by the fifteenth day of the month following your scheduled delivery, the Company will replace your damaged, spoiled or missing shipment with a shipment in a future month. We are unable to accommodate claims for damaged, spoiled or missing shipments received after the fifteenth day of the month following your scheduled delivery.
Memberships may be cancelled at any time by sending an email to the Company at email@example.com. All cancellation requests must be received by the tenth day of the month. Cancellation requests received after the tenth day of the month shall apply to the following month. A membership sent to a third-party recipient is the property of that third-party recipient and all cancellation requests must be made by that third-party recipient. The Company cannot accept cancellation requests from the purchaser of a membership sent to a third-party recipient.
LIMITATION OF LIABILITY
The Company does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, the company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Company, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and the Company. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Company will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
This agreement and any sales there under shall be governed by the laws of the state of California, without regard to conflicts of laws rules.
Damaged, Defective, Lost or Missing Items:
We do offer replacement for any damaged or defective orders as long as the claim is placed within 48 HOURS of the order being received. All damage claims must be reported to us via email through our Contact Us page or within 48 HOURS by phone. Note: Replacements will only be issued if damaged or defective orders are verified by internal policies that will require you to submit a photo of the damaged product.
We are not responsible for lost or stolen packages after delivery. Most often, our delivery carriers (UPS, USPS, GSO) have a signature release waiver on Standard-Ground shipment, and will leave packages at their own discretion (front porch, back door, neighbor, other secure location, etc.) Expedited shipments may require a signature depending upon the carrier. Delivery tracking information is provided on all packages.
In the rare event that an item is missing from your order, you must notify customer service within 48 hours.
Because of the popularity of our products at times we may need to substitute items in certain gift bundles. We also make changes to our inventory based upon discovery of new and unique items, product availability, and seasonal difference. Therefore, substitutions may be made, but quality will never be compromised.
BaconBuff.com reserves the right to substitute products.
Bacon of The Month Club (Pre-paid) Cancellations:
You will be refunded a pro-rated amount for the remaining months of your club minus a 15% processing fee. Since the T-shirt is only free with a club membership, the retail cost of $15.95 will also be subtracted from your total refund. Cancellations must also be made before the 25th of the month due to credit card processing and shipment planning.
Pay As You Go Monthly Bacon Club Cancellations:
Your credit card will be charged your monthly club fee (which includes the shipping fee) on the monthly anniversary of your signup date so your monthly package can be sent out to you on the first of the month. Therefore, if you wish to cancel your subscription, it must be done so before the 25th of the month in order for us not to include you in that given month’s shipment.
Once an item has been shipped, it can not be changed or refunded.