Terms & Conditions

Terms & Conditions

Terms & Conditions
All material provided on this site is protected by copyright held by Cafe Diario or by the original creator of the material. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted without the express written consent of the copyright owner. This prohibition extends to any means of dissemination, including electronic, photocopying, mechanical, recording, or otherwise.

Permission is expressly granted for users to display, copy, distribute, and download site materials for personal, non-commercial use only, provided such methods do not include modification to any of the items on the site, and provided that the original copyright and proprietary notices are conveyed with the material.

In the event you should violate any of these terms and conditions, Cafe Diario reserves the right to terminate your permission to utilize these materials, at which time you must destroy any downloaded or printed copies you may have made.

Information from this site may not be mirrored on another server with written permission from Cafe Diario.

 
Notice Regarding Terms of Use for this Site

Using this site binds you to the terms and conditions set forth in our Privacy Policy. By visiting this site, you are acknowledging that you have read, understood, and agree to be bound by the Privacy Policy. If you do not agree to these terms and conditions, please do not use our site.

Further, making a purchase from this site binds you to the terms and conditions set forth in our Terms and Conditions of Sale If you do not agree with these rights, obligations, limitations, exclusions, and dispute resolution policies, please do not shop from this site.

 
Cafe Diario Terms and Conditions of Sale
And now for the fine print. This document contains important information about your legal rights and obligations. It also spells out limitations, exclusions, and our dispute resolution process.These Terms and Conditions, hereinafter known as 'The Agreement' apply to your purchase of goods and / or services from Cafe Diario. By accepting delivery of products, you accept and are bound by the Agreement.Please be aware that Cafe Diario does NOT have a refund policy, although we are happy to exchange incorrect or damaged items. Please note there may be a 15% restocking fee applied to certain returned items.
 
Other Agreements
This agreement may be superseded only by any separate written purchase agreement(s) negotiated between and duly signed by the buyer and Cafe Diario. This agreement may not be altered, supplemented, or amended by other documents except by prior written agreement between the buyer and Cafe Diario.

 
Payment Terms & Invoicing
Payment terms are set at the sole discretion of Cafe Diario. Unless credit is extended by Cafe Diaro in writing, payment must be received by Cafe Diario prior to acceptance of order. All orders placed online are charged to the customer's credit card or account at the time of purchase. Acceptable payment methods include credit card, wire transfer, E-Check, Pay Pal and Google Checkout. Payments are due within the time frame specified on the invoice, counting from the date the invoice is printed. Cafe Diario may invoice parts of your order separately. Cafe Diario may cancel any order, in whole or in part, at its sole discretion.

Cafe Diario is not responsible for any typographical or other errors in any offer, and we reserve the right to cancel any orders resulting from such errors.

 
Shipping and Loss/Damage Liability
Shipping and handling charges are added to each purchase unless otherwise indicated in writing at the time of sale. Upon shipment, the title to purchased products passes to you. All shipping dates are estimates.

Shipping is available within the Continental US only, and our products cannot be sent to PO boxes. All shipments are dropped curbside: backyard delivery, uncrating, installation, and/or setup are not available. For larger orders, a fork lift and/or additonal help may be required to unload the product from the delivery vehicle. Such services and fees associated with them are not provided by Cafe Diario. Such services are solely the responsibility of the customer.

  • All shipping dates are estimates. In stock orders generally ship within 3-5 business days of our acceptance of your order. Custom orders will take longer. All shipment dates are estimates only.

The common carrier to be used for shipping may be chosen either by you or by Cafe Diario. The party who selects the carrier is responsible for any loss or damage that occurs during shipment.

If you believe any part of your order is defective, missing, and / or damaged, you must notify Cafe Diario within 15 days of receipt. Please be aware that Cafe Diario does NOT have a refund policy, although we are happy to exchange incorrect or damaged items. Our complete shipping and exchange policy can be found here.

 
Taxes
Sales and other taxes are your sole responsibility. To qualify for a tax exemption, a valid tax exemption certificate applicable to the location where the product is to be shipped and applicable to the product(s) and or service(s) purchased must be provided to Cafe Diario at the time of sale.

 
Warranties
The invoice date shall be used as the starting date of the warranty period and as the date controlling which warranty is in effect for the product(s) if said warranty should change during the lifetime of the product.

 
Limitation of Liability
Cafe Diario does not accept any liability for injury, illness, property damage, or death resulting from the use or misuse, whether intentional or accidental, of products sold under this agreement. Except as expressly provided herein, Cafe Diario will not be liable for any damages, whether consequential, special, indirect, or punitive, even if we are advised of the possibility of such damages. Cafe Diario shall not be held liable for any claim from a third party.

By accepting delivery of any products purchased under this agreement, you agree that Cafe Diario is not responsible for any amount of damages over and above the invoice amount for any liability related to the purchase of the product(s). The remedies set forth in this agreement shall apply even if they fail in their essential purpose.

 
Governing Law
Any claims, disputes, or controversies arising from this agreement, the relationships which result therefrom, or any related advertising or purchase shall, to the maximum extent permitted by law, be governed by the laws of the state of Texas, without regard to conflict of laws with other jurisdictions where you may be located. Such claims, disputes, or controversies shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum under its Code of Procedure in effect at the time the claim, dispute, or controversy arises.

Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Cafe Diario will be responsible for paying any arbitration fees only to the extent these fees exceed the filing fee amount required to initiate a claim in the court of general jurisdiction in the county and state within which you reside. Each party shall pay its own costs and attorney fees, except if the arbitrator awards attorney fees and costs as part of a judgment or if there is a written agreement providing for fees.

Neither you nor Cafe Diario shall be entitled to join or consolidate claims by or against other customers, or arbitrate any claim as a representative or class action or in a private attorney general capacity.

 
Terms of Web Site
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site.

 
Copyright
All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2010, CafeDiario.com Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with CafeDiario.com Inc. or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of CafeDiario.com Inc. is strictly prohibited.
 
Trademaeks
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to CafeDiario.com Inc. or other respective owners that have granted CafeDiario.com Inc. the right and license to use such Marks.

 
Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video, "favorites" list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a "Submitted Item") to CafeDiario.com, either online or offline and whether or not solicited by CafeDiario.com, you hereby grant to CafeDiario.com an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.
 
User Conduct
You agree not to use the site to do any of the following:

Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that we deem to be unlawful, harmful, libelous, defamatory, obscene, vulgar, pornographic, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable

Upload or transmit any material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law

Upload, e-mail, transmit, or otherwise make available any material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity

Without CafeDiario.com's written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters

Harm minors in any way

Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment

 
Terminaton
CafeDiario.com reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this site, to block or prevent future access to and use of this site, and to remove and discard any Material and Submissions.

 
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. CAFEDIARIO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CAFEDIARIO.COM DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

 
Limitation on Liability
IN NO EVENT SHALL CAFEDIARIO.COM INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CAFEDIARIO.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 
External Sites
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that CafeDiario.com Inc. is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 
Our Address
http://www.CafeDiario.com