Terms of Use
This Agreement contains the terms and conditions under which you, the Customer, agree to obtain services from BuyTheCase.Net (BTC). By virtue of using the BTC Web site, you consent to this Agreement.
1. Service Offer
BTC is a service that provides authorized Customers with the ability to purchase and receive delivery of case-size grocery and other consumer packaged items (Products) through the use of our Web site at www.buythecase.net. BTC is solely responsible for authorizing Customer access to our service, based upon a variety of criteria including, but not limited to, geographic service area restrictions and credit worthiness.
2. Product
The BTC services permits you, the Customer, to purchase and receive Products that are manufactured by third-party companies. All matters concerning the use of these products is between you and these companies. BTC does not provide a guarantee or assume any liability for such Products. In addition, BTC does not warrant the accuracy or completeness of any Product information provided by these companies that we display at the BTC Web site. Be sure to read the label printed on Products that you receive and contact the manufacturer if you have any questions.
3. Age Restriction
BTC does not offer its services to minors under the age of 18. By registering for the BTC service, you, the Customer, warrant that you are at least 18 years old.
4. Payment
Payment for Products, including taxes, shipping and handling fees, is due at the time at which the Customer submits the order at the BTC Web site. BTC accepts Visa, MasterCard, American Express, Discover, and PayPal. If, for any reason, BTC is unable to collect the charge from the credit card or PayPal account supplied to BTC by the Customer, then the Customer agrees to pay BTC directly.
5. Delivery
At the time an order is placed, the Customer is responsible for providing BTC with an accurate and a complete delivery address. A $10.00 fee per package will be charged if an address correction or re-routing is required after an order is placed.
APO/FPO orders are picked up from our warehouse by the US Postal Service and then delivered to the US military mail service which is responsible for final delivery. While this is generally a reliable service, there is no means of tracking packages to the final delivery address. Therefore APO/FPO orders are not eligible for refunds if packages do not get delivered or are damaged in transit.
Any orders being delivered to the diplomatic mail service, must conform to the required package requirements of the service. Before ordering, please be sure that packages will be accepted at the processing center. BTC will not provide any refunds for packages that are rejected for delivery by the diplomatic mail service.
The Customer agrees that anyone at the delivery address who takes delivery of the Products is authorized by the Customer to do so.
While BTC will make all reasonable efforts to ensure timely deliveries, BTC cannot be held liable for any late deliveries.
6. Product Availability
BTC makes all reasonable efforts to ensure that Product is available to ship to the Customer when that Product is ordered. However, circumstances may arise in which a Product is not available. When this occurs, BTC will ship only those Products that are available and will credit the Customer's credit card for all charges associated with the unavailable Product.
7. Return and Cancellation Policy
If the Customer is unhappy with an order, at BTC's sole discretion, BTC may authorize a return and/or a refund. All requests for returns or refunds must be made within 5 days of Product delivery by contacting BTC Customer Service at 781-829-8575, Monday through Friday, from 9:00 AM to 5:00 PM, EST or by email at support@buythecase.net. If BTC is not contacted by the Customer within this timeframe, the order is ineligible for a refund.
If BTC authorizes a return and/or a refund, BTC will refund the Customer for the cost of the Product and any applicable taxes. Any refunds for the shipping and handling fees for the original order will be made at the sole discretion of BTC.
Upon BTC's sole discretion, we may require that any unwanted Product be returned to BTC before a refund is issued. In such a case, the Customer will be responsible for any return shipping charges.
Customers may request to cancel an order as long as the request is made within 12 hours of placing the order. At BTC's sole discretion, BTC may require the customer to pay a $7 per case re-stocking fee for cancelled orders.
8. Communications
When you, the Customer, use the BTC Web site, you are communicating with BTC electronically. You agree that all content we supply to you at the Web site or any e-mails sent to or received from BTC satisfy any legal agreements that such communication be in writing.
9. Proprietary Rights
© Copyright, 2008.
All Rights Reserved by BuyTheCase.Net LLC.
All content at the Web site www.buythecase.net, including, but not limited to, text, graphics, design, interfaces, and navigation devices, is the sole property of BTC. Any unauthorized use of the BTC Web site, including, but not limited to, reproduction, modification, or distribution without the prior written permission of BTC is strictly prohibited.
The BTC logo and trademark, www.buythecase.net, are service marks, trademarks and/or trade dress of BTC and may not be used by anyone for any reason without the expressed written permission of BTC. Any other trademarks, service marks, logos, product names and company names, appearing at www.buythecase.net are the property of their respective owners.
10. Warranty Disclaimer
The BTC service is provided on an "AS IS" or "AS AVAILABLE" basis.
TO THE FULLEST EXTENT POSSIBLE PERMITTED BY LAW, BTC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OF THE PRODUCTS SOLD, THE SERVICES AND INFORMATION PRESENTED AT THE WEB SITE, AND DELIVERY.
11. LIMITATION OF LIABILITY
IN NO CASE SHALL BTC OR ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF, OR INABILITY TO USE, THE BTC SERVICE. BTC'S LIABILITY IS LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU, THE CUSTOMER, TO BTC FOR THE PURCHASE AND DELIVERY OF PRODUCT DIRECTLY RELATED TO THE CLAIMED INJURY.
IN STATES OR OTHER JURISDICTIONS THAT DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, ALL WARRANTIES AND LIABILITIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Changes to Service and Agreement
BTC, at any time, may revise or discontinue any aspect of the BTC service without providing prior notice to Customers.
13. Jurisdiction
This agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts. You, the Customer, agree that you shall not bring suit or legal action against BTC, its owners, managers, directors, and employees, in any other jurisdiction other than the courts of the Commonwealth of Massachusetts or the United States Federal District for the district of Massachusetts.
14. Contact
If you have any questions about this agreement, please contact BTC at:
BuyTheCase, LLC
100 Schoosett Street
Building 1, Second Floor
Pembroke, MA 02359
781-829-8575
customerinfo@buythecase.net
