Conditions of Use

CONDITIONS OF USE
These Terms and Conditions cover the sale of products contained on this website (www.ChiliFiestaGourmet.com). Please read through these terms and conditions carefully before using the website and also read through our privacy policy regarding your personal information.

By placing an order with ChiliFiestaGourmet.com you are agreeing to the Terms and Conditions as set out below. If you would like to discuss any of these with us please contact customer service.

The following are the terms and conditions for use of ChiliFiestaGourmet.com

WEBSITE USE AND SECURITY
You are entirely responsible for any and all activities that occur under your account which is provided to you by ChiliFiestaGourmet.com. You agree to notify us immediately of any unauthorized use or any other breach of security.

WEBSITE PRIVACY & DATA USE
Any personal information given to ChiliFiestaGourmet.com is treated in strict confidence. We will not pass this information on to any other party without written consent from you. Accordingly, if you have any questions concerning website privacy and data use, please feel free to contact us.

WEBSITE CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of ChiliFiestaGourmet.com. Any copying, transmission or re-transmission of the same requires the prior written approval of ChiliFiestaGourmet.com.

WEBSITE ADVERTISING
We reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.

PRICE OF GOODS
The price listed on the Website (the 'Price') for ChiliFiestaGourmet.com products (the "Products") will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products on the website is wrong. When purchasing products online through our website you may be requested for your credit card security code.

DELIVERY
We will only deliver to customer locations Worldwide. Product orders are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. At the time of delivery you may be required to validly sign-off on the delivery of the Products, after which time the Products become your sole responsibility.

RETURNS
When you purchase online, you have a statutory right to return a Product (other than perishable, customized or made-to-order produce) up to 7 days after your order has been delivered. You are not allowed to return any opened food item. We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the Product to us and we will organize a refund (excluding delivery cost). All returns are subject to a 25% restocking fee.

BREAKAGES
If a Product is damaged please contact us and we will organize a replacement or refund. We will replace all breakages free of charge or provide you with a refund as long as you report the breakage or damage to us within 48 hour of your order being delivered.

DISCLAIMER OF WARRANTIES
The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed $200.00

PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

CONTRACT
No contract will subsist between you and ChiliFiestaGourmet.com for a sale to you of any product or service unless and until ChiliFiestaGourmet.com accepts your order by e-mail confirming that it has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time ChiliFiestaGourmet.com sends the e-mail to you (whether or not you receive that e-mail).

MODIFICATION OF TERMS
We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

GENERAL
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

LAWS
The terms of use shall be governed by and construed fully in accordance with the laws of New York. You and we agree to submit to the exclusive jurisdiction of the courts located in New York. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

TERMINATION
We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your account for violation of the letter or spirit of these terms and conditions.