Terms & Conditions
By shopping at the Buddy’s Store, you acknowledge and agree to be bound by these Buddy’s Store Terms & Conditions, in addition to the General Terms & Conditions. These Buddy Store Terms & Conditions apply to all offers, agreements, and transactions that are made or entered into in connection with the sale and delivery of products from the Buddy’s Store.
To the extent these Buddy’s Store Terms & Conditions are inconsistent or incompatible with the General Terms & Conditions listed above, these Buddy’s Store Terms & Conditions will supersede and prevail with respect to your use of the Buddy’s Store.
A registered account is not required in order to shop at the Buddy’s Store. To make online shopping faster and easier, however, you may choose to register for an account with Buddy’s Mexican Grill. Please confirm your email address when creating your account, as we will use the email address on file to contact you with any issues concerning your order. If you do not wish to set up a registered account, you may still shop and purchase as a “Guest.” Whether you create a registered account or complete your purchase as a Guest, you agree to provide honest, accurate, current, and complete information, and to keep your information updated and accurate.
Buddy’s Mexican Grill strives to have the latest and greatest styles available for purchase in every size. If the style or size you want is not listed, it is not available. Although the Buddy’s Store is designed to feature “real-time” inventory levels so that only in-stock items are visible and available for purchase, we may experience shortages of stock in a particular style or size, and cannot guarantee that items which appear to be in stock are actually available. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to call our customer service line at (512) 852-8493, so that we may help you find a similar product.
Ordering and Changes to Orders
When you place an order we will send a confirmation email to the address that you have provided. If you are using your workplace email address, please be aware that many companies use spam filters to disqualify incoming automated emails, which could impede the delivery of our confirmation email to you or send it to junk mail.
The “Confirmation” page sets out the final details of your order. After you have reviewed the Confirmation page and opted to proceed with your order, we will send you an order acknowledgement email detailing the products that you have ordered. Please note that this email does not serve as either an order confirmation or order acceptance from Buddy’s Mexican Grill.
Acceptance of your order and the completion of the agreement between you and Buddy’s Mexican Grill for your order will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it. Buddy’s Mexican Grill reserves the right to accept or decline your order for any reason up until the time the product is actually delivered to you. Buddy’s Mexican Grill reserves the right to limit or prohibit orders that Buddy’s Mexican Grill believes, in its sole discretion, may be placed by dealers, resellers or distributors.
Due to the short timeframe between order and shipment, it is difficult to make changes once your order has been placed. If you contact our customer service team before shipping arrangements have been initiated, however, we will do our best to facilitate a change.
Where applicable, sales tax will be assessed on each order at the applicable local rate. You agree that taxes may be adjusted from the amount shown on the payment screens. You are solely responsible for any and all duties, taxes, levies, or fees (including any sales, use, or withholding taxes) imposed on or in connection with purchases from the Website by any authority.
Personal checks, money orders, and cash payments are not acceptable forms of payment at the Buddy’s Store. We may require credit cards and debit cards to be issued by an institution in the jurisdiction in which you are located, and those forms of payment must be linked to a billing address in the same jurisdiction. For most jurisdictions, you must ensure that the billing address associated with the credit- or debit-card issuing bank is the same billing address that you enter when ordering. Buddy’s Mexican Grill reserves the right to supplement the list of acceptable forms of payment at the Buddy’s Store.
Because Buddy’s Mexican Grill does not charge for items until they ship, we may use a pre-authorization process to reserve your products for shipment. In order to avoid unnecessary overdraft charges, a method called a “pre-authorization” is often used by banks to verify that the credit/debit card in use is valid and has sufficient funds. Most authorizations expire within five to seven days, but the issuing bank ultimately determines the length of the authorization. The final credit- or debit-card charge will only reflect the value of your shipped merchandise plus applicable shipping and taxes.
If you are experiencing problems with payment, please contact our customer service line at (512) 852-8493, and a member of our team will be happy to assist you.
Delivery and Shipping
All orders are shipped via the United States Postal Service (“USPS”). You may select any USPS shipping option, and delivery times will vary based on the option selected. Expedited shipping options are available at check-out for an additional charge. Merchandise can only be shipped within the United States.
Our goal is to process and ship your order within 3 to 4 business days after receipt of the order. This is an estimate only, however, and shipping dates are not guaranteed.
Except as stated below, orders are shipped Monday through Friday during regular business hours (8:00 a.m. to 5:00 p.m. Central Time). Orders selected for next-day shipping that are received before 1:00 p.m. Central Time will ship the same day. Orders received after that time will ship the following day. Orders for which next-day shipping is selected that are received before 1:00 p.m. Central Time on a Friday will be delivered on the following Monday. Orders received on a weekend day or an observed holiday will be processed on the next business day. Orders will not ship on the following days:
- January 1
- Martin Luther King Day
- Memorial Day
- July 4
- Labor Day
- Thanksgiving Day
- Day After Thanksgiving
- December 24-26
- December 31
Upon shipment of your order, a tracking number will be emailed to the address that you have provided. This tracking number will allow you to check on the delivery status of your order through www.usps.com.
We strive to ship all items in an order together, but we reserve the right to deliver your products in separate shipments if one or more items are unavailable at the time of initial shipment. In the event that we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment. Further, each shipment will have a confirmation/tracking email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for canceling any of the other items included in that order.
Cancellations, Exchanges, and Refunds
ALL SALES ARE FINAL. EXCHANGES AND REFUNDS WILL NOT BE PERMITTED. Prior to fulfillment of an order, however, you may cancel your order by contacting our customer service team at (512) 852-8493. Once an order has been fulfilled, the order will be deemed to be completed, and Buddy’s Mexican Grill will no longer be able to cancel the order or offer a refund.
Risk of Loss
All items purchased at the Buddy’s Store are made pursuant to a shipment contract with USPS. This means that the risk of loss and title for such items pass to you upon tender of the item(s) to the carrier.
Product Descriptions and Pricing
The Buddy’s Store aims to be as accurate as possible. Buddy’s Mexican Grill makes no warranty, however, that product descriptions, colors, photographs, videos or other product related content on the Buddy’s Store are wholly accurate, complete, reliable, current, or error-free. Buddy’s Mexican Grill cannot guarantee that your computer or device’s display of color or other product features is accurate.
Despite our best efforts, a small number of items may be mispriced. If the correct price of an item sold by Buddy’s Mexican Grill is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The prices displayed on the Buddy’s Store are quoted in United States Dollars.
Please note that, subject to applicable law, we reserve the right to change the goods advertised or offered for sale through the Buddy’s Store, the prices or specifications of any such goods and any promotional offers and any content available at the Buddy’s Store at any time and from time to time without any notice or liability to you or any other person.
BUDDY’S MEXICAN GRILL GIFT CARD TERMS & CONDITIONS
By using your Buddy’s Mexican Grill Gift Card and/or the Buddy’s Mexican Grill Gift Card website located at www.BuddysMexicanGrill.com/giftcards (the “Website”), you agree to the following terms and conditions regarding the use of the card and the Website (the “Terms & Conditions”). These Gift Card Terms & Conditions are in addition to the Terms & Conditions listed above, and such Terms & Conditions are incorporated herein. To the extent that there is any conflict between the Terms & Conditions listed above and these Gift Card Terms & Conditions, these Gift Card Terms & Conditions will prevail. We may change these Gift Card Terms & Conditions from time to time and all changes are effective upon posting to the Website without notice to you. You are responsible for reviewing these Terms & Conditions regularly. Your continued use of the Buddy’s Mexican Grill Gift Card and/or this Website constitutes your acceptance of these Gift Card Terms & Conditions, including any changes made to them in the future.
The Buddy’s Mexican Grill Gift Card may only be used (1) for making authorized purchases at participating Buddy’s Mexican Grill restaurants in the 50 United States (“Participating Restaurant(s)”), (2) for delivery orders by telephone from Participating Restaurants, or (3) purchases online at www.BuddysMexicanGrill.com. The Buddy’s Mexican Grill Gift Card is VOID WHERE PROHIBITED. Buddy’s Mexican Grill Gift Cards will only be sold in and from the United States through the Participating Restaurants and the Website. All sales of the Buddy’s Mexican Grill Gift Card are final. No refunds will be provided for the purchase of any Buddy’s Mexican Grill Gift Cards. Buddy’s Mexican Grill Gift Cards will not be shipped to destinations outside of the 50 United States. The Buddy’s Mexican Grill Gift Card may not be resold by any unauthorized party under penalty of law; unlawful resale or attempted resale in violation of these Gift Card Terms & Conditions is grounds for seizure and cancellation of the Buddy’s Mexican Grill Gift Cards without compensation, in addition to other legal remedies. Buddy’s Mexican Grill Gift Cards obtained through unauthorized channels will be considered void, and no refunds or reimbursements will be offered.
The Buddy’s Mexican Grill Gift Card does not expire and no fees will be charged after purchase of the card. You can reload your Buddy’s Mexican Grill Gift Card at any time at any Participating Restaurant. The online purchase of the Buddy’s Mexican Grill Gift Card may be subject to additional costs, such as shipping and handling, as specified on the Website. Protect the Buddy’s Mexican Grill Gift Card as you would cash. The Buddy’s Mexican Grill Gift Card may be damaged, including by excess heat and magnetic fields. Buddy’s Mexican Grill, its subsidiaries, franchisees and affiliates (these parties and Buddy’s Mexican Grill Franchise are collectively referred to as the “Buddy’s Mexican Grill Parties”) are not responsible for lost, stolen or damaged cards. The value of a Buddy’s Mexican Grill Gift Card will not be replaced for lost, stolen or damaged cards.
Present the Buddy’s Mexican Grill Gift Card to the cashier at any Participating Restaurant at the time of purchase, use your Buddy’s Mexican Grill Gift Card for any delivery order by telephone with a Participating Restaurant by notifying the Participating Restaurant at the time you place your order, or use your Buddy’s Mexican Grill Gift Card for purchases through www.BuddysMexicanGrill.com, and any available balance on the card, up to the full amount of your purchase, will be applied toward your purchase. The Buddy’s Mexican Grill Gift Card may not be used for purchase of other gift cards or gift certificates. The Buddy’s Mexican Grill Gift Card cannot be redeemed for cash, except where required by law.
Buddy’s Mexican Grill Franchise may terminate the issuance of Buddy’s Mexican Grill Gift Cards and/or its operation of the Website at any time, with or without notice to you. Any such termination will not affect the value of any Buddy’s Mexican Grill Gift Cards then outstanding.
We reserve the right to correct your Buddy’s Mexican Grill Gift Card account if we believe that a clerical, billing, or accounting error occurred. You can check the balance of your card at Participating Restaurants or online at the Website.
Any and all disputes, claims, and causes of action arising out of or connected with the Buddy’s Mexican Grill Gift Card and/or the Website shall be resolved individually, without resort to any form of class or representative action; and, exclusively by binding arbitration under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any such arbitration shall take place in Chicago, Illinois before a panel of three neutral arbitrators selected in accordance with the procedures of the AAA.
IN NO EVENT SHALL THE BUDDY’S MEXICAN GRILL PARTIES BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE ISSUANCE OR RELOADING OF A BUDDY’S MEXICAN GRILL GIFT CARD, OR THE USE OF THE BUDDY’S MEXICAN GRILL GIFT CARD OR THE WEBSITE, EVEN IF THE BUDDY’S MEXICAN GRILL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE BUDDY’S MEXICAN GRILL PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU FOR THE BUDDY’S MEXICAN GRILL GIFT CARD FOR THE ORIGINAL PURCHASE OR, IF RELOADED, THE MOST RECENT RELOADED AMOUNT. If any provision of these Gift Card Terms & Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified only to the extent necessary to make it enforceable, or if the foregoing is not possible, such provision shall be severed from the remainder of these Gift Card Terms & Conditions, which will otherwise remain in full force and effect.
BUDDY’S MEXICAN GRILL POLICY REGARDING SUBMISSIONS,
POSTINGS AND OTHER COMMUNICATIONS
All submissions, postings, and email communications to or through the Website shall be subject to this Buddy’s Mexican Grill Policy Regarding Submissions, Postings, and Other Communications.
All remarks, suggestions, ideas, graphics, or other information communicated by you to Buddy’s Mexican Grill through the Website (collectively, “Submissions”) will forever be the property of Buddy’s Mexican Grill and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of Submissions including, without limitation, any indemnification obligations related to such Submissions. Buddy’s Mexican Grill will not be required to treat any Submissions as confidential (unless required by law or if Buddy’s Mexican Grill has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Buddy’s Mexican Grill operations. Without limitation, Buddy’s Mexican Grill will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature, and will be entitled to use Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending Submissions. Buddy’s Mexican Grill retains the right to review, edit or delete from the Website all Submissions that Buddy’s Mexican Grill, in its sole discretion, considers illegal, offensive, in violation of third party rights, or is otherwise inappropriate.
Email and Other Communications
In connection with your use of the Website, you consent to Buddy’s Mexican Grill recording any communication, electronic or otherwise, between you and Buddy’s Mexican Grill and retaining any information and data that you submit while using the Website or making a purchase from the Website. In using the Website, you may be permitted to communicate electronically with Buddy’s Mexican Grill by sending electronic mail to Buddy’s Mexican Grill; however, you acknowledge and agree that only general information or inquiries may be submitted to Buddy’s Mexican Grill via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to Buddy’s Mexican Grill via e-mail, as Buddy’s Mexican Grill is not responsible for responding to any such communications.
Buddy’s Mexican Grill may seek to gather information from the user who is suspected of violating these Terms & Conditions, and from any other user. Buddy’s Mexican Grill may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Buddy’s Mexican Grill believes, in its sole discretion, that a violation of these Terms & Conditions has occurred, it may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action as it deems appropriate. Buddy’s Mexican Grill will fully cooperate with any law enforcement authorities or court order requesting or directing Buddy’s Mexican Grill to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms & Conditions. YOU WAIVE AND HOLD HARMLESS BUDDY’S MEXICAN GRILL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BUDDY’S MEXICAN GRILL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BUDDY’S MEXICAN GRILL OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that this Website(s) contains materials that constitute copyright infringement, please notify Buddy’s Mexican Grill in accordance with this Online Copyright Infringement Notification Policy.
If you believe that the Website contains materials that constitute copyright infringement, please notify our Designated Agent, Inayat Fidai, General Counsel, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement: Inayat Fidai
Full Address of Designated Agent to Which Notification Should Be Sent: 9001 Cameron Rd # 201, Austin TX 78750
Telephone Number of Designated Agent: 512.852.8493
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
- Your address, telephone number and e-mail address;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing the copyrighted work;
- A clear description of where the infringing material is located on the Website, including its URL, so that Buddy’s Mexican Grill can locate the material;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Website is: Buddy’s Mexican Grill. 9001 Cameron Rd # 201, Austin, TX 78754, (512) 852-8493.
To file a complaint regarding the Website, or to receive further information regarding use of the Website, please direct your email to firstname.lastname@example.org.
These Terms & Conditions were last updated on August 8, 2017
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