TERMS & CONDITIONS Updated August 25, 2021
These Terms and Conditions (“Terms”) govern all use of the www.texaspepperjelly.com website (the “Website”) operated by Texas Pepper Jelly (“us”, “we”, or “our”). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.
Returns: We do not accept returns.
Shipping: We cannot and do not guarantee shipping times as they are only a guideline, but we do our best to get you what you want when you need it! Options for shipping include:
USPS Priority (Arrives to your location within 2-4 days)
FedEx Ground (Arrives to your location within 2-5 days)
International – USPS International or FedEx International (undetermined)
Processing Time: Orders that are placed before 11:00 o’clock a.m. on a business day will be shipped no later than the following business day. Orders placed after 11:00 o’clock a.m. on a business day or on a non-business day will be shipped on the next business day. As used herein, “business day” means a weekday, Monday through Friday, excluding holidays recognized by the United States of America or the State of Texas. Orders are not shipped or delivered on weekends or holidays.
If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via the email or telephone number you provided on your order.
Shipment to P.O. boxes or APO/FPO addresses: We ship to addresses within the U.S., U.S. Territories, and APO/FPO/DPO addresses.
Shipment confirmation & Order tracking: You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours of that email.
Customs, Duties and Taxes: We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Damages: We are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.
International Shipping Policy
We currently ship to Canada and have the ability to ship to most countries. Please contact us if you need us to add our country to your shipping location.
We also can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page. Please note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
Availability, Errors and Inaccuracies: We constantly are updating product information and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts: When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete and current at all times and in all respects. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Website. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party website. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property: The Website and its original content, features and functionality are and will remain the exclusive property of Texas Pepper Jelly and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and tradenames may not be used in connection with any product or website without the prior express written consent of Texas Pepper Jelly.
Links To Other Websites: Our Website may contain links to third party websites or websites that are not owned or controlled by Texas Pepper Jelly. Texas Pepper Jelly has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Texas Pepper Jelly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such third-party web sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party website that you visit.
Force Majeure: Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
Termination: We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the Terms which by their nature survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification: You agree to defend, indemnify and hold harmless Texas Pepper Jelly, its licensee and licensors, and its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of, directly or indirectly, a) your use and access of the Website, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability: In no event shall Texas Pepper Jelly, nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use or goodwill, or any other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; (iv) unauthorized access, use or alteration of your transmissions or content, or (v) any breach of the Terms by Texas Pepper Jelly, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have knowledge of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In addition, neither Texas Pepper Jelly nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates shall be liable for any delay in shipping any Products or failure of any Product to perform for the purpose for which it is purchased.
Disclaimer: Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Texas Pepper Jelly its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website or the purchase of Texas Pepper Jelly products shall lie exclusively in the state or federal courts located in Harris County, Texas, and by your use of the Website or purchase of any Products, you expressly consent and agree to such jurisdiction. Point of sale of for all Purchases shall be Houston, Texas. Any failure to enforce any right or provision of these Terms shall not be construed as a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
Miscellaneous: These Terms constitute the entire agreement between us regarding the Website and the use thereof, and supersede and replace any prior agreements regarding the Website. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days advance notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
Contact: If you have any questions about these Terms, please contact us at:
Texas Pepper Jelly
Houston, Texas 77080