EFFECTIVE DATE: August 25th, 2015
1. ACCEPTANCE OF TERMS.
2. AGE RESTRICTION
You must be at least 18 years old in order to access or use the Website in any manner. Fleishers prohibits registration by any individual under the age of 18 years old. Fleishers is not directed to children under the age of 13 and will not knowingly collect personally identifiable information from anyone under 13. If you are a parent or guardian and believe that a child under the age of 13 has used, accessed, or provided personally identifiable information to the Website, please contact info@Fleishers .com.
3. USE OF WEBSITE
Subject to the terms and conditions of this Agreement, you are permitted to access and use this Website by displaying it on your Internet browser for your own information and for the purpose of shopping for items for personal use on our online store. You may not use this Website for any commercial use or on behalf of any third party, and you agree not to copy, display, publish, distribute, broadcast, or distribute any portion of the Website.
While we do our best to make your experience with the Website and our Services a pleasurable one, we cannot always foresee or anticipate difficulties, technical or otherwise. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that Fleishers’ Services are provided “AS IS.” Fleishers and any third party service providers cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings. We reserve the right to change or discontinue, temporarily or permanently, the Website or the Service at any time without notice. You agree that Fleishers will not be liable to you or any third party for any modification, interruption or discontinuation of the Service.
4. Fleishers ACCOUNT
By using the Website and/ or Services or creating an account with Fleishers (an “Account”), you agree to provide true and correct information to the best of your ability whenever prompted by the Service to provide information or when otherwise requested by us. You further agree that you will not knowingly omit or misrepresent any material facts or information and that you will revise any incorrect or outdated information by updating your Account information or otherwise providing notice to Fleishers.
You agree that your Account will be for your exclusive personal use and that you will not allow any other person to use your Account under any circumstances. You understand that it is your sole responsibility to maintain the confidentiality of your Account ID and password and that Fleishers will not be responsible for any damage, loss, or liability incurred as a result of your failure to do so. You also understand that you are solely responsible for any activity occurring through your Account, including any charges made to your Account. You agree to immediately notify Fleishers if there has been any unauthorized activity on your Account or if you suspect that there has been a breach in security of your Account.
You represent and warrant that you will not use the Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive or another’s privacy, abusive, threatening, or obscene, or illegal, or infringes the copyrights (right of an owner of written material) or other intellectual property of others.
5. PURCHASE OF PRODUCTS
Fleishers offers certain products for sale on the Website (“Products”). All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States. We reserve the right without prior notice to discontinue or change specifications on Products and services offered on the Website without incurring any obligations.
In order to purchase our Products, you will be required to enter in a valid credit card. By providing a credit card associated with an Account or when checking out as a guest, you are hereby authorizing the Company to charge your credit card for all costs, shipping fees, and other expenses associated with your purchase.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the Account, the same credit card, and orders that use the same billing or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting you through the email, phone number, or address provided at the time of purchase.
You understand and agree that you are prohibited from reselling or redistributing any Fleishers Products in any manner. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6. SHIPPING & RETURN POLICY
Fleishers only ships throughout the United States. We do not ship internationally or to P.O. Boxes. The estimated shipping costs and delivery dates will be displayed during checkout. Please note that certain products on our Website are available for in-store pickup only.
Fleishers DOES NOT PROVIDE REFUNDS OR RETURNS OR ANY FOOD PRODUCTS OR MERCHANDISE. If you receive a damaged or spoiled product, you should contact Fleishers immediately. Fleishers will replace damaged or spoiled products in its sole discretion. Fleishers cannot replace any products that is lost, damaged, or mishandled after a confirmed delivery.
This includes, but is not limited to, all food products, books, T-shirts, hats, posters, and cooking utensils. Fleishers may provide limited refunds on butchery classes or other educational classes. For further details regarding our refund policy on classes, please visit the Classes page of our website. Fleishers reserves the right to modify or change its refund policy at any time.
Fleishers may use a third party carrier to ship certain items available for purchase on the Website. The Company is not responsible for any losses relating to the actions or inactions of any third party carriers.
7. INTELLECTUAL PROPERTY
All information, products, services, graphics, icons, images, articles, software and other materials, and the display, design, arrangement, and assembly of those materials (collectively “Content”) appearing on the Website are the exclusive property of Fleishers or its affiliates. The Content is protected by U. S. and international copyright laws. The publication, sale, or redistribution in any form or medium of the Content is strictly prohibited without prior written permission of Fleishers. Content that is publicly available on the Website may not be stored in a computer, except for personal and noncommercial use.
All trademarks, logos, trade dress, and service marks (collectively “Trademarks”) displayed on the Website are the exclusive property of Fleishers. The use of our Trademarks without expression written authorization is strictly prohibited. You may not use, display, or publish our Trademarks for commercial purposes, in any way that would cause confusion among consumers, or in any manner that would disparage, discredit, or otherwise harm the reputation of Fleishers.
9. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPLICITLY STATED IN THE TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THE WEBSITE, THE PRODUCTS OFFERED FOR SALE AND THE TRANSACTIONS CONDUCTED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. Fleishers MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD ON THIS WEBSITE, EXCEPT AS EXPRESSLY STATED OTHERWISE. Fleishers HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION ON THE WEBSITE. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Fleishers ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS ON THE WEBSITE. Fleishers CANNOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, OR USED BY OTHERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Fleishers BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICE.
11. LINKS TO THIRD PARTY WEBSITES
This website may contain links to third-party websites which are not under the control of Fleishers. Fleishers is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Fleishers is providing these links to you only as a convenience, and the inclusion of any link does not imply that Fleishers endorses or accepts any responsibility for the content on such third-party site.
12. RELEASE AND INDEMNIFICATION BY USERS
You agree to forever release, indemnify, defend, and hold harmless Fleishers , its directors, affiliates, officers, subsidiaries, employees, agents, licensors, attorneys, independent contractors, and providers from and against any and all claim, loss, expense, or demand of liability, including attorneys’ fees and costs, arising out of your use or inability to use the Services. Fleishers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree not to settle any claim or matter without the written consent of the Company.
Please read this carefully. It affects your rights. Fleishers and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Fleishers and you.
A party who intends to seek arbitration must first send written notice to Fleishers of its intent to arbitrate (“Notice”). The Notice to Fleishers should be sent by any of the following means: (A) electronic message by sending an email to info@Fleishers .com, or (B) sending the Notice by U.S. Postal Service certified mail to FMC Holdings at 175 Van Dyke St #323A, Brooklyn, NY 11231. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fleishers may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.
You agree that, by entering into this Agreement, you and Fleishers are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Fleishers agree that YOU AND Fleishers MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
Direct Questions or Notices to:
175 Van Dyke St
Brooklyn, NY 11231
718-971-5331 ext 1