General terms and conditions
ATTENTION: Please read these terms carefully before using this Osborne USA, Inc.(the “Company”)website. The following are the General Terms and Conditions for the website https://www.cincojotas.us (the “Site”). By using this website, you indicate that you accept these terms. If you do not accept these terms (the "Terms"), DO NOT USE THIS WEBSITE.
Osborne USA, Inc. reserves the right to modify these General Terms and Conditions by posting new versions of said conditions or policies on this Site. The Company may provide additional notice of any changes. Should any modification take place, your use of the Site after the date of the last modification listed at the end of these Terms and Conditions indicates your acceptance and agreement to the changes.
Site Access/Compliance with Terms
You affirm that you are over the age of 18 and have the power, authority and capacity to enter into these Terms, and that you are a U.S. citizen, or are physically present in the United States as you use the Site.
By using this Site, you signify you meet all of the foregoing criteria, and agree any action taken by you on the Site shall be deemed an action taken by you and, to the extent you are accessing this Site for your business or your employer, your actions shall be deemed to be authorized actions on behalf of your business or your employer, as applicable.
Use of Site
You agree that you will not use any robot, spider or other automated device, process, or means to access the Site. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not use any manual process to monitor or copy the Site web pages or the content or for any other unauthorized purpose without the Company’s prior express written permission. You agree that you will not use this Site to interfere with or disrupt the service or servers or networks connected the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and its services, or intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.
Osborne USA, Inc. either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content (collectively, the "Content") that is made available to you on this website, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website. Except as provided in these Terms, Osborne USA, Inc. prohibits the redistribution or copying of any Content on this website without its express written permission. Osborne USA, Inc. hereby authorizes you to display on your computer, download and print pages of this website, subject to the following provisions:
(1) the copyright notice appears on all such printouts;
(2) the information will not be altered in any manner; and
(3)the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website, including, but not limited to Cinco Jotas, 5J are registered and unregistered trademarks of Osborne USA, Inc. and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express written permission of Osborne USA, Inc. or such third party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website, or any other Content on this website is strictly prohibited.
The Site may have (hypertext) links to other unaffiliated websites. Linking to such websites is at your own risk. The Company has not reviewed all of the content of such linked websites and is not responsible for the content of any such linked website.Any (hypertext) links contained on this website shall not be construed as an endorsement by the Company of any such linked website.
Any promotional content contained on this website is subject to inventory availability. The Company reserves the right to cancel or modify any such promotion at any time and without notice, including prices at any time and without notice.
Limitation of Liability
IN NO EVENT WILL THE Company, ITS AFFILIATES, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF
If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed Content. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions. The Companymay at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms.
RETURN & CONSUMER SAFETY POLICY
1.The Company’s business practices follow the Florida Food Safety Act, the FDA, and other pertinent federal, state, and local food safety rules and regulations.
2.The Company’s corporate mission is to safeguard the public health and promote public welfare by protecting the consuming public from injury by product use and by protecting the purchasing public from injury by merchandising deceit.
3.The Company uses special, secure temperature and humidity-controlled packaging technology to assure safe food transportation to its destination.
4. Any accidental transportation damage must be addressed with the shipping carrier in accordance with their specific policy.
5. To prevent our products from the risks associated with spoilage, contamination, or misbranding, we cannot resell returned food items. Hence, we have to discard returned food.
6. For public safety reasons, all food sales are FINAL SALE. No return or exchange claims will be accepted.
7. All delivery dates are approximate. The Company shall not be liable for any damage as a result of any delay or failure to deliver for any reason including, but not limited to, problems with suppliers, embargos or other governmental acts, regulations or requests, fire, flood, accidents, sabotage, strikes, slowdowns or other labor difficulties, war, riot, delays in transportation, or defaults of common carriers. In the event of any such delay, the date of delivery shall be extended for a period of time equal to the time lost because of delay. A buyer’s exclusive remedy for the Company’s inability to deliver for any reason shall be rescission of this agreement, which the buyer can only exercise before the Company has delivered the product to a carrier at any point of shipment.
8. Agreeing to the Company’s terms and conditions shall constitute the entire agreement between the Company and the buyer. No term or provision of this agreement may be amended, waived, discharged, or terminated orally, but it can happen through an instrument in writing that is signed by all parties, except as otherwise expressly provided herein.
9. The agreement and all rights hereunder shall be construed in accordance with and governed by the laws of the State of Florida (without regard to any rules or principles of conflicts of laws that might look to any jurisdiction outside of the State of Florida). Any controversy or claim arising out of or relating to this agreement shall be settled by arbitration administered by the American Arbitration Association, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH PARTIES SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
10. Any questions regarding these Terms and Conditions or subsequent issues should be directed to:CUSTOMER SERVICE
10. Any questions regarding these Terms and Conditions or subsequent issues should be directed to: email: firstname.lastname@example.org.
Please inspect arrived package and productsas soon as they arrive to your door!
If your package has arrived damaged or tampered with, please contact the carrier (UPS or FedEx). Any delay in contacting the carrier and our Customer Service Department makes it more difficult to file a claim. Please keep ALL packaging and items EXACTLY AS THEY ARRIVED.