Terms and conditions of use

Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

These terms and conditions (the "Agreement") apply to your purchase of products and/or services offered on this Web site by Ultimate Gourmet LLC  (the “Company”) and the "Customer" will mean any person, firm, company or body which places an order with the Company. By using this web site and/or placing your order, you accept and are bound to the terms and conditions of this Agreement. This document contains a dispute resolution clause.

This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in writing and signed by both you and the Company.

General

The Company shall make every effort to ensure that prices, details and sizes of products on this website are up to date. Prices are subject to change without prior notice and all orders are subject to Company's acceptance at its sole discretion and stock availability.

The Company shall make every effort to ensure products displayed on the website are in stock. If from time to time products become out of stock, the Company reserves the right to notify customer and at its sole discretion cancel the order. The prices charged are those applicable on the day you order.

All orders are subject to confirmation of final availability and Company reserves the right to reject the order in the event that any of the products or services requested are unavailable. In the event that we are unable to fulfill any of the products or services in your order, we will notify you by phone or email before delivery.
It is illegal to sell alcohol to people under the age of 21. By placing an order with alcohol products, the Customer confirms that he/she is 21 years old or above. The Customer shall ensure that no person shall use his/her login to purchase alcohol products and a person aged 21 or above (identification required) must be present to take delivery or delivery shall be withdrawn.  You will still be charged shipping and handling fees (including returned postage).

Pictures on site are representation only, and are not necessarily to proportion.  Sizes, shapes and containers vary.  Final product may look different than picture. Check detail of items for size (weight and/or volume) of product prior to placing your order.

Registration

You are required to register before placing any order through this website. During the registration:

  • You must provide us with accurate, complete and up to date registration information;
  • You must safeguard your username and password;
  • You authorize us to assume that any person using the site with your username and password is either you or is authorized to act for you;
  • The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.


You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.

Refund/Replace Policy

All sales are final and not returnable. It is the receiver's responsibility to check the condition of any goods received, at the time of delivery. Company does not offer refunds on its sales to Customer. If, however, for a caused deemed reasonable by the Company, Customer is not satisfied with order, Company may, at its sole discretion, offer a replacement product free of charge to Customer. Replacement is only available within reasonable time after order.

Force Majeure

The Company shall not be liable for any delay or failure in its 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 Company.

Payment Terms:

Payment terms are within the Company’s sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. Your order is subject to cancellation by the Company, at the Company's sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.

As a method of payment, the Company accept Visa and MasterCard on our web site ("www.ugbrands.com").  Payments are processed by PayPal and you will see a line similar to "Paypal - UGBrands" on your statement.  You do not need a PayPal account in order to purchase on our web site, but may use it if you have one.

All product prices listed are in US dollars.

Secured Transaction

In order to  provide secure online commerce transactions, we employ Internet's Secure Sockets Layer (SSL) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as the information travels over the Internet. To check SSL Certificate information, you can right click the mouse and choose "Properties" & "Certificates".

Company reserves the right to change the method of payment and payment terms without prior notice, but will do its best to post updates on its site as quickly as reasonably possible.

Shipping Terms

Payment for shipping is calculated at time of checkout, and are based on best estimates of shipping cost to the address you provide.  However, shipping charges vary by weight, location and number of packages.  While Company does its best to combine and reduce shipping costs, it cannot guarantee it.  If, for any reason whatsoever, shipping costs exceed those calculated at checkout, Customer will be responsible for any additional shipping costs, and hereby authorize Company to charge additional shipping costs to Customer's account. Shipping fees include handling charges and may exceed actual fees charged by the Carrier.

You must notify the Company within 14 days of the date of your order if you believe any part of your purchase is missing, incorrect or damaged. Shipping dates are estimates only.

The Company uses Ground Delivery for its shipments.  The Company primarily uses FedEx® Ground® service. Company may however, at its sole discretion, choose another carrier for delivery.  All shipping charges are based on FedEx® Ground® or FedEx® Ground Home Delivery® rates. Shipments typically leave our warehouse the next business day after order.  However, shipping and delivery times are not guaranteed. Delivery is only available within the US, to valid physical addresses (we cannot ship to PO boxes). It is the responsibility of the customer to notify Company immediately of any change to their delivery address.

Limitation of Liability

The Company does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, the company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.

Binding Arbitration

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Company, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and the Company. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

Governing Law

This agreement and any sales there under shall be governed by the laws of the state of New Jersey, without regard to conflicts of laws rules.

Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Company may revise these terms and conditions at any time without prior notice. If any dispute arises, Company's determination shall be final.

Trademarks and Copyright

GIROUX®, Raffetto®, Firehouse®, MiLem®, Tahiti Joe®, Club Tahiti®, Cramore® are trademarks owned by Ultimate Gourmet LLC. Other trademarks used on the web site are the property of their respective owners.  Copyright 2014 Ultimate Gourmet, LLC.  No portion of this site may be reproduced without the express written consent of Ultimate Gourmet, LLC.


©2014 Ultimate Gourmet, LLC Developed by computefree