BFROMCLE ENTERPRISES, LLC dba DELIGHT CAFE
TERMS AND CONDITIONS OF SALE
Introduction – This Terms and Conditions of Sale (“Terms of Sale”) is an agreement for the sale of goods and/or services between Bfromcle Enterprises, LLC, doing business as Delight Cafe, an Ohio limited liability company, including its subsidiaries, division, affiliates and brands (“Company”, “we”, “us” or “our”) and the purchaser who purchases the products and/or services from the Company (“Purchaser”). This Terms of Sale and all rights and duties of the Company and Purchaser will be governed by the provisions of Article 2 of the Uniform Commercial Code, Ohio Revised Code Sections 1302.01 to 1302.98 inclusive. By visiting our website and/or purchasing the products from us, you agree to be bound by the Terms of Sale and policies referenced herein. The Terms of Sale shall apply to all sales of goods between the parties hereinafter, regardless of whether this Terms of Sale is referenced in the purchase order or future contract documents. We reserve the right to amend the Terms of Sale at any time, for any reason, and with or without notice of any kind. Your continued use of the website and purchase the products/services from us after we make changes to the Terms of Sale is deemed to be acceptance of those changes, so please check the Terms of Sale periodically for updates.
General Terms – By agreeing to the Terms of Sale, you represent that you are at least the age of majority in your state or place of residence to purchase the Company’s products and/or services. You may not use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction.
Products and Services – We reserve the right to refuse or cancel any order you place with us. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time.
Disclaimer of Warranty – Risk of loss shall transfer from the Company to Purchaser upon the product(s) being dispatched from our facility. All products sold by the Company are provided “as is” for your use, without any representations, warranties or conditions of any kind. We do not warrant that the quality of any products, services and other materials purchased from us will meet your expectations. We do not warrant that the results of using the products will be accurate or reliable. The Company will not be held liable for any unlawful state or federal activity arising out of the post-sale use of our products. Carefully read and understand the Terms of Sale, as you the purchaser are attesting to the lawful use of our products and are thereby solely responsible for acting in conformance with all applicable regulations.
Use of Products – The Company does NOT represent that the products and/or services provided by the Company are approved by the U.S. Food and Drug Administration (“FDA”). The products are not for use by persons under the age of 18. The products should be used only as directed on its label. The products should not be used if you are pregnant or nursing. The products and/or services provided by the Company are not intended to diagnose, treat, cure or prevent any disease. You acknowledge that using the products may cause body/health injury or other medical conditions. Substantial medical conditions will be caused by improper use of the products, such as using with other drinks, food or products or using the products in improper amounts. You need to consult with your healthcare provider before your use of the products or service. You agree that your use of the Company products or services is at your sole risk.
Limitation of Liability – NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE TERMS OF SALE IS MADE OR AUTHORIZED BY THE COMPANY. THE COMPANY DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. THE COMPANY’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
Indemnification – The Company (including its subsidiaries, affiliates, members, managers, officers, agents, or other partners, and employees) shall have no liability for personal injury, theft, loss, and other damages including direct, indirect, incidental, punitive, special damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, or any similar damages based on contract, tort, strict liability or otherwise, as a result of the sale of the products/services or relating to any way to Purchaser’s use of the products/services, and Purchaser shall indemnify, defend and hold the Company (including its subsidiaries, affiliates, members, managers, officers, agents, or other partners, and employees) harmless from any such claims, demands, lawsuits, damages, and expenses, including reasonable attorneys’ fees.
Return/Exchange Policy – All return/exchange requests shall be submitted to the Company along with your proof of purchase within 30 days from the purchase date. To be eligible for a return/exchange, the products must be unused and in the original condition and packaging as you receive it. All returns/exchanges will require a written preauthorization by the Company. Once your return is received and inspected, we will notify you of the approval or rejection of your refund or replacement. Once we approve your return and refund request, we will process your refund and issue a credit (or we will send you a replacements in the event of exchange). Please note that it can take 7 business days for the credit to be applied to your credit card depending on your credit institution’s policy. Notwithstanding anything to the contrary, only regular priced products may be refunded and products on sale are not eligible for refunds. And we only replace products if they are defective or damaged. Except that the products are defective or damaged, you will be responsible for shipping costs of returning your products. If you receive a refund not for the reason that the products are defective or damaged, the shipping costs are non-refundable and will be deducted from the refund.
Bfromcle Enterprises, LLC dba Delight Cafe
A. If any provision in this Terms of Sale is found by a court of competent jurisdiction to be invalid, the Company and you agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Sale will remain in full force and effect.
B. You agree that any lawsuit relating to the Terms of Sale or any activity thereon must be brought in state or federal courts located in Cuyahoga County, Ohio, USA. You agree to submit to the personal and exclusive jurisdiction in such courts and waive all questions of jurisdiction and venue. The Terms of Sale and the relationship between you and the Company will be governed by Ohio law, without regard to conflicts of state law.
C. The section headings used herein are for convenience only and shall not be given any legal import.