TERMS OF SALE

ORDERS

These Terms of Sale will govern our sale of products to you, and by placing an order with us you agree to be bound by these Terms of Sale with regard to that order. The preprinted terms of any documents, such as purchase orders, that you may submit to us in conjunction with an order for products will not alter, change or add to these terms, regardless of how we acknowledge or accept your order and regardless of the fact that such preprinted terms may contain language stipulating that they supersede these Terms of Use. All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you without our consent except to the limited extent set forth on the Website. We reserve the right to reject or cancel any order, or to limit the size of any order, at any time in our sole discretion.

  

AVAILABILITY

Availability of our products is subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. The Company shall not be liable for any claims or damages arising in connection with products that are out of stock or otherwise unavailable. The Company reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.

 

PRICES

Prices for our products shall be our published prices for those products on the Website. We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Website. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.

 

TAXES, CUSTOMS, DUTIES

All prices on the Website are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated. You shall pay all such taxes or charges or provide us with a tax or levy exemption certificate acceptable to the applicable taxing or levying authority. You shall also pay all customs or duties charges levied by the destination country in connection with international shipments. In the event we are required to pay any taxes or other charges for which you are responsible, you shall promptly repay these amounts to us immediately upon receipt of our invoice.

 

PAYMENT TERMS

We accept payment by various credit cards listed at the Website from time to time. Your credit card will be charged at the time any order is placed or, at Company’s discretion, at a later date. You hereby authorize Company to charge any credit card you may have on file with us for the full amount of the charges owing by you for any products purchased from us or at the Website. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all product and/or transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account the initiation by you of any such charge refusal or charge-back. In addition to our other rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments owing to us. You agree to pay, in connection with any past due balance, (i) a late payment charge of 1½ percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney’s fees.

 

SHIPPING

All products are shipped as described in the Shipping section on the Website. The terms of the Shipping section constitute part of the terms and conditions contained in this Terms of Sale, which you are hereby agreeing to. Shipping dates are approximate and shipping costs are as posted on the Website in connection with your order. It is your responsibility to provide accurate contact information that allows the shipper to contact you when shipment is made. We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date. We may make deliveries piecemeal or in installments. Title and risk of loss transfer to you at the time we deliver any product you purchase to the applicable common carrier. You will be responsible for all shipping and related charges in the event you refuse a shipment for any reason.

 

RETURNS

You are entitled to return any product purchased through the Website which is unopened, unaltered (which includes removing any tags or labels), undamaged and unused by you or any other third party, and which remains in its original packaging, so long as (i) you include any receipts or other purchase documentation with such return, and (ii) the product to be returned is delivered by courier with an applicable tracking number for shipping to us no later than 14 calendar days from the date you received the applicable product(s). You will be responsible for return shipping costs unless we shipped an incorrect or damaged product to you. In case you want to return an item, please send an email to mercedes@bombonitas.com.

 

NO RESELLING

You shall purchase products through the Website solely for your own use and not for resale. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products or materials by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.

 

DISCLAIMER

WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRODUCT, OR AS TO THE ACCURACY OF ANY CONTENT IN ANY COMPANY LITERATURE OR POSTED ON THE WEBSITE. Our products are not reviewed or approved by the U.S. Food and Drug Administration, the Federal Trade Commission or any other governmental body. We make no representations or warranties regarding the durability, exact color or any similar aspect of any products sold through the Website. Our sole obligation in respect of defective products and your exclusive rights under our warranty are limited, at our option, to replace the products, or to refund the purchase price paid by you for the affected products.

 

DISCOUNTS AND PROMOTIONS

Our discount policy:

• One code per customer
• Discounts cannot be applied to past purchases
• Our discounts do not apply to shipping, taxes, gift certificates or custom items. They are non-transferable.
• Discounts cannot be combined with any other offers.
• Discounts can be applied online
• Please note: The Company reserves the right to review, investigate and disqualify any discount that violates our first-purchase promotional program - such as attempting to gain multiple discounts through different email addresses or distributing your unique promotional code on referral and discount websites.

 

GIFT CARDS AND E-GIFT CARDS

The Company Gift Cards or E-Gift Cards may be used only for the purchase of eligible goods on bombonitas.com or in one of our physical store locations. Gift Cards or E-Gifts are only valid for purchase and redemption by customers whose billing and shipping address are located within the U.S. Except as required by law, Gift Cards or E-Gift Cards cannot be transferred for value, may not be used towards purchase of additional cards or redeemed for cash. Purchases are deducted from the Gift Card or E-Gift Card's balance. You can check your balance by contacting customer service mercedes@bombonitas.com. The Company is not responsible for lost or stolen Gift Cards or E-Gift Cards. The purchase or use of this Gift Card or E-Gift Card constitutes acceptance of the terms and conditions.

 

FORCE MAJEURE

Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. The time for performance shall be extended by the period of the applicable force majeure event.