Fogo Premium Hardwood Lump Charcoal - Terms & Conditions

FogoCharcoal.com

TERMS & CONDITIONS (last updated September 29th, 2020)

Terms & Conditions
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY “AGREEMENT”) CAREFULLY BEFORE USING OR ORDERING FROM THIS WEBSITE. BY USING OUR SERVICES OR CONTINUING TO NAVIGATE OUR WEBSITE YOU ARE AGREEING TO OUR TERMS OF SERVICES. IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITIONS, PLEASE LEAVE THIS WEBSITE.

All Sales are made by FogoCharcoal.com and are Governed by our Terms and Conditions of Sale, set forth as follows:

1. OVERVIEW
This website is operated by FogoCharcoal.com. Throughout the site, the terms “we”, “us” and “our” refer to FogoCharcoal.com. FogoCharcoal.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. SITE USE AND CONTENT:
You may view images from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from this site without the express permission of FogoCharcoal.com. At any time FogoCharcoal.com may, without notice, make changes to this site or to the services or products described in this site.

3. RESTRICTIONS:
Information and images contained in this site are copyrighted. Title to images and all associated intellectual property rights is retained by FogoCharcoal.com and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of any of the images except for personal, non-commercial purposes. No right, title or interest in or to any trademark, service mark, logo or trade name of FogoCharcoal.com or its licensors is granted under this Agreement.

4. PRICE:
There shall be added to the prices shown, the amount of any sales, use, or other taxes however designated, levied or based on such prices or on this Agreement or the sale or use of the property sold hereunder (hereafter the “equipment”), including state and local privilege or excise taxes based on gross revenue and any taxes or amounts in lieu thereof paid or payable by Seller in respect of the foregoing, exclusive however of taxes based on net income. Any personal property taxes assessable on the equipment from the date of acceptance of this Agreement shall be borne by the Customer. Seller reserves right to charge 1.5% interest per month on all invoices unpaid after the Due Date.

5. RETURNS:
It is the Customer’s responsibility to assure the quality all goods received. All sales are final except for damaged or defective goods. Contact customer service if you need to make a return. Returned Material Authorization (RMA) must be granted for all returned goods. In order to receive a refund credited to your bank account, your order must have been placed no more than 30 days from when a refund is requested. For your security, the refund must be credited back to the card used to purchase.

In the event that your credit card has expired or has been cancelled, store credit will be issued. After 30 days, a check will be issued to the name of the person of the billing account contact.

Our system is designed to provide security to our customers, and as a result, does not save any credit card information. After 30 days, we may no longer have the ability to issue a refund to your order through our merchant processing company. We do not manually accept credit cards for security reasons.

For further Returns conditions and terms, please see our Return Policy page (last updated September 29, 2020) by clicking here or continue reading below.

If you receive an item that was damaged in shipping, please contact our customer service center at +1 (877) 700-3646 or email sales@fogocharcoal.com.

Proof or purchase is necessary to make a return or refund.

All returns must be requested within 90 days of the date item was shipped. Items must be returned with a Return Authorization issued by FogoCharcoal.com. To receive a return authorization please email return request to sales@fogocharcoal.com. Included in your return request must be the following information:

Invoice and order confirmation copy
Your name, address, phone number, email address
Reason for return

Upon receipt of returned goods according to these conditions the full amount less shipping and handling will be refunded to the original tender.

Please allow 10 to 12 business days for us to receive and process your return or exchange. You will receive an email notification upon the completion of return processing.

All sales to customer are FOB shipment origin. All risk of loss and destruction of or damage to all products by reason of theft, fire, water, or any other cause shall pass to Customer upon shipment of the equipment to the Customer, and the occurrence of any such casualty shall not relieve the Customer from making payment of the balance of the purchase price.

7. DISCLAIMER AND LIMITATIONS OF LIABILITY:
Seller’s liability to the customer, any person in customer’s household, any guest or any customer, or any patron of any customer, for any loss, damage or expense of any kind, resulting from, but not necessarily limited to, any negligence of Seller or defect of any product, the use, or any other cause whatsoever, regardless of the form of action, whether in tort or in contract, shall be limited to the actual cost of the good purchased by the customer without interest. Seller will in no event be liable for lost profits or other consequential damages even if Seller or its representatives have been advised of the possibility of such damages or for any claim against the customer by any other party. Seller will in no event be liable for any loss, damage, or expense of any kind resulting from Seller or any of its employees, representatives, or sales persons rendering technical or other advice or representation in connection with the performance of any preparation of any food unless it is specifically contained in this agreement.

Seller will in no event be liable for any loss, damage, or expense of any kind resulting from Seller or any of its employees, representatives, or sales persons rendering technical or other advice or representation in connection with use of the goods sold on FogoCharcoal.com to Customer.

8. INDEMNITY:
Customer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, proceedings, expenses, damages or liabilities including attorney’s fees, arising in connection with the Customer’s personal use of any product purchased from the Seller.

9. GOVERNING LAW:
These Terms & Conditions and all disputes related to it shall be governed by the laws of the State of Florida, United States of America, without giving effect to its conflict of law rules and expressly without regard to the United Nations Convention on Contracts for the International Sale of Goods. Further any and all disputes of whatever nature arising from, related to, or in connection with these Terms & Conditions and/or any purchase by Customer shall be resolved solely and exclusively by the courts of competent jurisdiction in and for Miami-Dade County, Florida. ADDITIONALLY, CUSTOMER IRREVOCABLY AND UNCONDITIONALLY STIPULATES AND CONSENTS TO BEING SUBJECT TO THE PERSONAL JURISDICTION OF THE COURTS IN AND FOR MIAMI-DADE COUNTY, FLORIDA AND THUS CUSTOMER HEREBY EXPRESSLY WAIVES ANY ASSERTION THAT MIAMI-DADE COUNTY, FLORIDA IS AN INCONVENIENT OR IMPROPER FORUM AND THAT BUYER IS NOT SUBJECT TO PERSONAL JURISDICTION IN MIAMI-DADE COUNTY, FLORIDA.

10. PLACE OF PAYMENT:
All payments to be made by Customer to Seller under the terms of this contract are to be made at the Seller’s place of business as set forth on the face of this document, or such other place as the Seller shall direct.

11. ATTORNEY’S FEES AND COSTS OF REPOSSESSION:
In the event it becomes necessary for Seller to enforce the terms and conditions of this Agreement, including Seller’s disclaimers and limitations of liability, Seller shall be entitled to recover all of its costs including all costs of repossession, and actual attorney’s fees in all manner of collection and in trial and appellate levels.

12. INABILITY TO PERFORM:
Seller shall not be required to perform its obligations under this Agreement, or be liable for its failure to perform, if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of Seller.

13. LIQUIDATED DAMAGES:
All payments and deposits made by the customer as set forth in this agreement are non-refundable and shall constitute liquidated damages in the event of a customer’s default, since the amount of damages is incapable of being ascertained.

14. VALIDITY OF AGREEMENT:
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

15. AGREEMENT:
This Agreement contains the entire Agreement between the parties hereto with respect to products purchased. No promise, representation, warranty or covenant not included in Agreement has been or is relied on by either party. Each party has relied on its own examination of this Agreement and the provisions hereof and the counsel of its own advisors. The failure or refusal of either party to inspect the agreement or other documents or the failure to obtain legal or other advice relevant to this transaction constitutes a waiver of any objections, contentions, claims that might have been based upon such reading, inspection or advice. No modification or amendment to this Agreement shall be of any force or effect unless in writing executed by the Customer and authorized representative(s) of Seller. This Agreement is not assignable by Customer without the prior written consent of Seller. The placement of an order with Seller, or the delivery or acceptance of products or service from Seller constitutes acceptance of above terms.

16. CUSTOMER COVENANTS:
Customer covenants that the Customer has the right to reproduce any images provided to Seller. The Customer shall indemnify and hold Seller harmless for any claims that may results from any licensing or copyright issues arising from the reproduction of any images at the request of the Customer.

17. PRIVACY:
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the pages(s) you visited. We will not sell your personally identifiable information to anyone.

18. SECURITY:
Your payment and personal information is safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.

Credit card information for web orders is protected in the following ways:

128-bit encryption to and from the servers and web browser.
Credit card numbers are not stored in our database. We keep on file only the last 4 digits to verify the card that was used.
Once the information is transmitted to our servers for processing, we use encryption in the back end to transmit the request to our payment processor to verify the credit card and place an authorization for the order total.
If the authorization, address verification and risk assessment all clear, the order is accepted and a unique ID is associated with the order for purposes of billing the previous authorization. This ID contains no identifiable link to the credit card number.

19. FOGO REWARDS TERMS OF USE
For the Fogo Rewards Terms of Use (last updated February 12, 2020) click here.

20. SALES AND SPECIAL DISCOUNTS
Promo codes and offers apply to the value of the order for eligible items, excluding shipping costs and taxes, for online orders at FogoCharcoal.com. Limited to in stock items at the time of purchase. Excludes gift cards and bundles. Discount applied in the shopping cart upon checkout. Other exclusions or restrictions may apply. Limit one (1) discount code per purchase unless otherwise noted. Not valid on prior purchases. Offers may not be combined with any other sale, promotion, discount, code, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred or assigned. Void where prohibited, taxed or restricted by law. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. FogoCharcoal.com has the right to end or modify any promotion at any time without notice. Prices subject to change. FogoCharcoal.com reserves the right to reject orders that violate any of the restrictions listed above.

21. CONTACT INFORMATION:
Questions about the Terms of Service should be sent to us at sales@fogocharcoal.com.