Terms and Conditions
Online Contract
The following is the terms of the agreement between FAB Snacks, Inc. ("Company") and the buyer ("Buyer") of goods or services through the Company's Web site, www.fabsnacks.com (the "Site"). By using this website, you are agreeing to these terms and conditions, so please review the following terms carefully:
Introduction.
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
Setup and Payment.
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
Copyright.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
Indemnification.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
Non-Transferable.
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
Disclaimer.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Refund Policy.
If a product purchased is defective or not to Buyer's satisfaction, Buyer can return the product in its original package within 7 days of receipt. The Company accepts returns or exchanges only on a pre-approved basis. A Return Authorization Number (RMA) must be obtained from the Company before you may return or exchange any product. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred) or if we can, send a replacement to you.
Shipping.
Once your order is placed with the Company your product will be normally shipped within 1-3 business days if your product is in stock. If your product is not in stock, the Company will order your product from the said manufacturer and ship it to you once we receive your product. The Company will make every effort to notify you of this or any other delay of your order, but is not always able to do so. The Company will make every effort to forward any and all tracking information available to you. Generally, orders take 1-14 business days to arrive after your order is placed. If faster shipping is required, you are responsible for additional freight charges. Selecting an expedited shipping method does not guarantee that the order will be shipped by a certain date. An expedited shipping method only instructs the Company to use that method of shipping when the order is processed and ready to ship.
Order cancellation.
You may cancel your order at any time and receive a full refund prior to your order shipping from the Company or the warehouse/manufacturer to the Company. Special order items are exempt and may not be cancelled at any time after the item is ordered and the payment is processed. A special order item is defined as any item that is not normally stocked by the Company or is currently out of stock and ordered specifically for you before our regular stocking order with said manufacturer. To cancel an order that has already been shipped please see the Return policy below. The Company accepts returns or exchanges only on a pre-approved basis. A Return Authorization Number (RMA) must be obtained from the Company before you may return or exchange any product. In most cases, a 20% restocking fee (minimum $10) will be charged for all returns and exchanges. Please include all original packaging in good condition.The Company reserves the right to reject any returns based on condition.
Use of Information.
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.
Miscellaneous.
All product information on this website is provided to us by the product manufacturer and is believed to be current as of the date of publication. However, the Company cannot guarantee the completeness or accuracy of this information as manufacturers can change recipes or manufacturing procedures at any time and without notice. For the most complete and accurate product data, please contact the product manufacturer directly. The most accurate information is always on the label on the actual product. The manufacturers periodically update their labels based on new nutritional analysis. The website does not necessarily get updated at the same time. The values on the website are intended to be a general guide to consumers. For absolute values, the actual label on the product at hand should be relied on. Some of the information or material on this site may be affected by current legislative, regulatory, judicial, or other developments which are not reflected here; you should not rely solely on the information on this site, but should confirm that it remains complete and correct before relying upon it. Please verify this information before applying it to your situation.
This Contract shall be treated as though it were executed and performed in Massachusetts and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Massachusetts (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Massachusetts and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.