Terms and Conditions of Sale
These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by Burrito Brands Incorporated (referred to herein as “Seller”):
1. REFUND & RETURN POLICY
Seller assures the quality and workmanship of the product and guarantees the performance as listed on the product label for normal use of gathering and transporting yard debris. If you are dissatisfied with the order for any reason, you may call our customer service at 1-800-287-7486 within 30 days, and we will determine if a replacement, repair or refund should be issued. All refunds are considered on a case-by-case basis and refund requests may be denied for any reason. The Leaf Burrito® is made of a custom-made industrial-grade mesh, super-strong nylon webbing handles and heavy-duty zippers which should make the product last for many, many years. Rinse with a hose and mild dish soap as needed but avoid any type of chemicals that may affect the painted logo or material. Being users ourselves, we believe in doing things "the right way" and with amazing quality, so we have built this commercial-grade product to last an incredibly long time and to be able to hold up to some serious usage! NOTE: Avoid dragging a fully loaded Leaf Burrito® too much, or too long, across rough concrete surfaces as it will get brush burns much like anything else in the world that would get dragged on concrete.
Products are shipped via US Postal Service mail and are shipped out within 2 business days via regular ground shipping. Local orders can be determined at our discretion to be delivered directly to the buyer.
Information collected at the point of sale and after the sale may be used internally for gathering feedback or testimonials. No information shall be shared or sold to any other entity outside of Burrito Brands Incorporated.
The acceptance of your order by Burrito Brands Incorporated ("Seller") is EXPRESSLY MADE CONDITIONAL UPON BUYER'S ASSENT and delivery of Buyer’s full Payment to include Tax and Shipping and handling cost (referred to herein as “Amount Owed”) TO THE TERMS AND CONDITIONS HEREIN SET FORTH and these constitute the only binding contract terms and conditions between the parties. Unless modified in writing and signed by both parties, your assent to the terms and conditions stated herein will be understood and delivery will be made accordingly.
5. SCOPE OF AGREEMENT
Seller, upon acceptance of an Order placed by Buyer, will supply the products and services specified in the Order to Buyer, pursuant to the terms and conditions of this Agreement and its exhibits and Seller’s acceptance of such order submitted by Buyer is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Buyer’s purchase orders, invoices, acknowledgements or other documents. The details of the Order (e.g. quantity, price, and product specifications) shall be set forth in the relevant Order.
6. DISCLAIMER OF WARRANTIES
BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT: USE OF THE LEAFBURRITO.COM WEBSITE AND LEAF BURRITO® PRODUCT(S) ARE AT BUYER’S SOLE RISK. THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SELLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS, AND LICENSORS EXPRESSPLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SELLER’S PRODUCTS WILL MEET BUYER REQUIREMENTS; AND (ii) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE BUYTER THROUGH THE LEAF BURRITO WEBSITE WILL MEET BUYER EXPECTATIONS.
7. LIMITATION OF LIABILITY
BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT THE SELLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS, AND LICENSORS SHALL NOT BE LIABLE TO THE BUYER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OF THE INABILITY TO USE THE SELLER’S PRODUCT(S); (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LEAF BURRITO WEBSITE; OR (e) ANY OTHER MATTER RELATUNG TO THE SELLER’S WEBSITE OR PRODUCTS.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMANGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS (d) AND (e) MAY NOT APPLY TO YOU.
8. Trademark Information
Buyer agrees that all of Seller’s trademarks, trade names and other logos and brand features, and product names are registered trademarks and the property of Seller (“Leaf Burrito Marks”). Without Seller’s prior permission, you agree not to display or use in any manner the Leaf Burrito Marks. Any other trademarks used herein are the property of their respective owners.
9. Entire Agreement
The Terms and Conditions constitute the entire agreement between Buyer and Seller and governs Buyer’s use of the Leaf Burrito Website and Buyer’s purchase of any of Seller’s products, superseding any prior version of these Terms and Conditions between you and Seller.
10. Choice of Law and Forum
Buyer and Seller each agree that the Terms and Conditions and the relationship between the parties shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms and Conditions, or the relationship between Buyer and Seller, shall be brought exclusively in the courts located in the county of Mecklenburg, North Carolina or the U.S. District Court for the Western District of North Carolina. Buyer and Seller agree to submit to the personal jurisdiction of the courts located within the county of Mecklenburg, North Carolina or the Western District of North Carolina, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
11. Waiver and Severability of Terms
The failure of Seller to exercise or enforce any right or provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.