THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS SUPERIOR PECANS & GIFTS. PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
Definitions:
"Product" means any item offered for sale or licensing on the Website or by Superior Pecans & Gifts’s direct sales materials (ads, catalogs, brochures, specifications sheets, etc.), including but not limited to pecans, pecan gifts, gifts, furniture, and 3rd party resale products. The term “Superior Pecans & Gifts” or “Superior Pecans” or “us” or “we” refers to the owners of Superior Pecans & Gifts which is located at 317 North Orange Street, Eufaula, AL. The term “you” or “your” refers to the customer or viewer of the Website. "Website" means the Superior Pecans & Gifts website located at www.superiorpecans.com.
Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Orders/ Acceptance by Superior Pecans & Gifts/Acceptance of This Agreement by You:
All orders of Products placed by you at superiorpecans.com are non-cancelable and shall be subject to acceptance by Superior Pecans & Gifts. Superior Pecans & Gifts reserves the right to limit the quantities on any order. Superior Pecans & Gifts shall deem your order accepted once your Product has been shipped Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Payment Terms; Price Confirmation/Billing Errors:
The purchase price of Products will be billed in full at the time of Product shipment. Superior Pecans & Gifts will charge credit cards upon shipment. Superior Pecans & Gifts accepts Mastercard, Visa, and Discover. Superiorpecans.com does not accept cash, COD, purchase orders, or personal checks. If the previously stated means of payment are required please contact Superior Pecans & Gifts personally by email (superiorpecans@gmail.com) or telephone (334-687-2031). For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the Superior Pecans & Gifts web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Superior Pecans & Gifts shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Products:
The contents of this website are subject to change at any time without notice due to the varying prices of pecans. Superior Pecans & Gifts continually updates and revises Products. Superior Pecans & Gifts may revise and/or discontinue Products at any time. Changes in products shipped and products described on the Superior Pecans & Gifts website and/or direct sales materials are possible.
Coupons & Promotional Codes:
You may not use coupons or promotional codes toward the purchase of furniture, shipping & handling, or sales tax. Coupons and promotional codes may used towards the purchase of any of the products listed at www.superiorpecans.com, excluding furniture. Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupons must be surrendered at time of redemption at superiorpecans.com, and unique coupon codes must be provided at time of redemption through the Website and Superior Pecans & Gifts telesales. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. If you have questions regarding a coupon or promotional code, please call 334-687-2031. Coupon/promotional code programs may be terminated or modified by Superior Pecans & Gifts at any time. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
Warranty and Guarantee:
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Return Policy:
Superior Pecans & Gifts’s return policy allows for Products purchased directly from Superior Pecans & Gifts and shipped to locations in the United States to be returned by you after contacting a customer service representative at 334-687-2031. For Superior Pecans & Gifts to accept a return it must be addressed within 30 days of the ship date. If you have received damaged, defective or incorrectly shipped merchandise please notify Customer Service within 30 days. Products must be returned in the original packaging. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Superior Pecans & Gifts. If you return Product without proper packaging, Superior Pecans & Gifts retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight weeks for Superior Pecans & Gifts to credit your account. Shipping and Handling/Risk of Loss: Product prices do not include shipping and handling. Superior Pecans & Gifts will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier. Superior Pecans & Gifts makes no guarantees for shipping dates. Best way to receive product on time is to order early, especially during the holiday seasons.
Limitation of Liability:
BOTH YOURS AND SUPERIOR PECANS & GIFTS'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR SUPERIOR PECANS & GIFTS BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR SUPERIOR PECANS & GIFTS SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Taxes:
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
Resale:
You certify and agree that you are purchasing Product(s) for your own personal use only and not for resale. You shall not resell Products or remove components from Product for resale.
Title: Title to Product(s) from Superior Pecans & Gifts shift to you upon shipment from Superior Pecans & Gifts facility.
Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Force Majeure:
Superior Pecans & Gifts shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Superior Pecans & Gifts. Quantities are subject to availability. In the event of shortage, Superior Pecans & Gifts may allocate sales and deliveries in its sole discretion.
Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between you and Superior Pecans & Gifts concerning the Products and your purchase hereunder and supersede any and all statements or other agreements, whether oral or written, between you and Superior Pecans & Gifts.
Website Copyright:
You may not create a link to this website from another website entity, document, or article without written consent from Superior Pecans & Gifts. The design layout, look, appearance, and graphics are our property. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Trademark:
The trademark "Superior Pecans & Gifts" and any other product names, service names or logos of Superior Pecans & Gifts used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Superior Pecans & Gifts Corporation or any of its affiliates. Other product names and/or company names used in the Website may be protected as their trademarks and/or trade names. Facebook and the Facebook logo are trademarks of Facebook, Inc. Twitter, the Twitter logo, Tweet, and Twitter bird are trademarks of Twitter, Inc. in the United States and other countries. You Tube and the You Tube Logo used in the Website may be protected as their trademarks and/or trade names.
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