Terms and Conditions

Terms and Conditions

The following Terms and Conditions apply to the relationship and interaction between your use (“You” and/or “User”) of the www.dondondiablo.com website and its owner, Don Don Diablo, Inc., (the “Company”). Your access and use of www.dondondiablo.com is an acknowledgement  that you have read, understand, and accept to be bound by the terms and conditions contained herein. Please read these Terms carefully and keep a copy for your reference.

You also acknowledge that your use of www.dondondiablo.com is subject to 

Don Don Diablo’s Privacy Policy. Please review the Privacy Policy that governs the website and informs users of our data collection practices. 

As a User of www.dondondiablo.com website, including products, services, promotions, and content in all forms, you certify that you are at least 13 years of age. You also warrant that you possess the legal authority to visit and use the website and be bound by these terms. Do not use this website if you are prohibited from doing so by your home country or geographic location, or by any applicable laws or regulations. Don Don Diablo does not knowingly collect, either online or offline, personal data from persons under the age of thirteen. If you are under the age of 18, you must secure permission from a parent or legal guardian before making a purchase.

You may not use this website, or any Don Don Diablo products or services for any illegal or unauthorized purpose or in violation of any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. Doing any of these things will result in immediate suspension and termination of your access to the site and may result in giving Don Don Diablo legal recourse to recoup damages caused by you.

It is your responsibility to read these Terms and Conditions before visiting and using the www.dondondiablo.com website. If you do not agree to be bound by all the terms and conditions contained herein, then you may not access the website.

We reserve the right to refuse service to anyone for any reason at any time.

Don Don Diablo reserves the right to make changes, including updates, additions or replacement of any part of these Terms and Conditions by posting said updates or changes to the website. By using or accessing the website after the posting of any changes confirms your acceptance of those changes. The material on this website may contain historical information and therefore may not be current and should be used for your reference only. Any reliance on the material on this website is at your own risk. You agree that it is your responsibility to monitor changes to the site. See last updated date at the top of each page.

The Don Don Diablo online store is hosted by GoDaddy Marketing and eCommerce.

Links to Partner Websites and Services

The www.dondondiablo.com website may contain links to other websites that are not under the control of Don Don Diablo, and we take no responsibility for any content accessed or displayed on a website managed by a third party acquaintance. These links are solely provided as a convenience, and not an endorsement of any kind by Don Don Diablo.

Access to select services made available via www.dondondiablo.com may be offered by third party sites and organizations. You hereby acknowledge that by using any product or service originating via the Don Don Diablo domain is expressing your consent to Don Don Diablo to share information and data with any third party that is doing business with to provide the requested product or service on behalf of our customers.

Suggestions, Comments and Other Feedback

Any information that you send to us or post to the website, regardless of whether it is solicited or unsolicited by us, becomes the property of Don Don Diablo and we may, without restriction choose to publish, distribute, copy, edit and otherwise use in any format or venue for our own purpose. We do not have any obligation to pay compensation, offer a response, or hold such information or comments in confidence.

Don Don Diablo has no obligation to remove, monitor, or edit content that we may interpret as harmful, threatening, offensive, unlawful, abusive, libelous, obscene, or otherwise objectionable. You agree that your comments or postings, or suggestions will not violate any right of any third party, including copyright, privacy, trademark, or the personal rights of others. You may not use a false e-mail address, pretend to be someone else, or try to mislead anyone as to the origin of any comments made. Don Don Diablo takes no responsibility and assumes no liability for any comments or posts by you or a third party.

You are expressly prohibited from using the site for any unlawful purpose; to violate any international, federal, or state laws and regulations; infringe upon or violate our intellectual property rights or the intellectual property rights of others; abuse, harm, harass, slander, intimidate, or discriminate based on religion, ethnicity, age, race, disability, gender, or sexual orientation.

Copyrights, Logos, and Intellectual Property

The Company is the sole owner of all content and materials that appear on the website, in all formats, including, without limitation, videos, photographs, images, software, text, trademarks, patents, recipes, graphics, logos, copyrights, music, audio and all other intellectual property. User access of the website does not grant or imply any license to use any content or intellectual property contained herein.  You (the USER) may not copy, modify, distribute, rent, license, reproduce, transmit, edit, display, impugn or disparage any content contained in this website. 

Notwithstanding, Don Don Diablo from time to time may solicit content from users related to product reviews, promotions, contests, or other purposes that may include content generated by users, including written text, illustrations, videos, audio files, images, logos, designs, fonts and other uploaded content is your own, or that you retain the appropriate license or relevant rights to any content posted or uploaded by you. 

As a condition of your use of the website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms. You may not use the site in any manner that could disable, overburden, impair or damage the site or interfere with anyone else’s ability to use the website. 

Making a Purchase on www.dondondiablo.com

Don Don Diablo reserves the right to refuse any order placed via the website.

You agree to provide current, complete, and accurate purchase information for all product purchases made on our web site, including billing address, shipping address, customer account number, credit card, item, quantities, phone number, email, and other information pertinent to fulfilling your order. 

The Company reserves the right to determine what, when and where products are sold. Certain products may only be available online through the website. Other products may be seasonal in nature and/or sold in retail outlets. We strive to offer products to the widest reach of customers and make every effort to make all Don Don Diablo products and special packs available on the website, displayed with accuracy and clear images as close as possible to how they appear on a retail shelf. We make no guarantee that the image and color on your monitor will appear with the same accuracy as live in-store.

Don Don Diablo reserves the right to deny or limit the sale of any of our products to any person, group, or organization, geographic location, or jurisdiction. We reserve the right to limit the quantiles of any product on the website. Products may be discontinued at any time, and new products may be introduced. We will not automatically substitute items for products that have been discontinued. Any offer for any product displayed on our website is void where prohibited.

We do not warranty that the color, packaging, taste, or other quality of any product sold on our website will meet your expectations, or that we will correct any errors to satisfy your expectations.

We reserve the right to limit or prohibit orders that appear to be placed by distributors or resellers. If you are a wholesaler, or retailer please contact us at dondondiablo@gmail.com to set up a wholesale agreement.

Damages and Exchanges

Please contact us at dondondiablo@gmail.com if your order arrives damaged, broken, defective or if you receive the wrong item so that we may correct any issue and make it right. 

Shipping

Don Don Diablo pledges to ship and deliver your order as quickly and efficiently as practical after receiving your order. It is our objective to process all orders within 24 – 48 hours (excluding weekends and holidays). Processing times could extend beyond 48 hours during peak seasons or promotional periods.

Standard shipping is most commonly, but not exclusively sent via Fedex Ground, UPS ground or USPS and is limited to the continental US, with standard delivery in 3-5 business days, but could be longer during peak seasons. Shipping to Alaska and Hawaii will incur additional cost. 

Expedited and International shipping is available on all orders for an additional fee. Expedited delivery to locations within the United States is 1-2 business days. International shipping estimate is 8-14 days, with expedited service available for an additional fee.

All shipping estimates may vary due to unforeseen circumstance or carrier delay. You will receive a shipping confirmation, with tracking number, once your order has shipped.

If your order shipment is lost or damaged in transit, please contact us within 10 days of the estimated delivery date, and we will work to resolve the issue as expeditiously as possible. Don Don Diablo is not responsible for lost or stolen shipments confirmed to be delivered to the shipping address provided during checkout. It is your responsibility to ensure that you provide the correct and accurate shipping information.

If you experience an issue regarding the shipment of your order, please contact us immediately and we will work with you to make sure the right product gets to the right place as soon as practical based on circumstances.

Returns

Simply return any undamaged and unopened product, in its original packaging along with original receipt within 14 days of the date you receive the product for an exchange or full refund based on the original payment method. Please note that opened products are not eligible for refund or exchange.

Don Don Diablo, in its sole discretion may change or discontinue products and/or services or create limits on its return policy without notice or liability.

Personal Information

Any personal information submitted via the Don Don Diablo website is governed by our Privacy Policy.

By visiting www.dondondiablo.com or sending emails constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, or other communication that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

Your Account Information

You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activity that occurs under your account and password. You acknowledge that Don Don Diablo is not responsible for any access breach of your account that results from theft or misappropriation of your account.

Promotional Emails

You agree to the receipt of emails, phone calls, texts, promotional messages and other communication from Don Don Diablo or its trading partners. You may opt out of receiving these promotional messages by notifying us at any time.

Limitation of Liability

In no event shall Don Don Diablo be liable for any incidental, consequential, indirect, punitive, or compulsory damages, including without limitation, damages for loss of profits, goodwill, data or other tangible or intangible losses, arising out of use, or inability to use this website.

Errors and Omissions

From time to time there may be information on the website that contains typographical errors, or omissions that relate to product descriptions, pricing, promotions, contests, shipping charges and availability. We reserve the right to correct any errors or omissions and change or update information or cancel orders if any information on the website is inaccurate at any time without notice, including after your order is submitted.

Indemnification

You agree to indemnify and hold harmless Don Don Diablo from any loss, demands, claims, liability or expenses (including legal fees), made against it by any third party due to, or arising out of your use of the website or any of the services offered herein.

We reserve the right to modify these terms at any time, and at our sole discretion. If any change in the terms is deemed to be substantial in nature, Don Don Diablo will provide notice of such modification of the terms. If you continue to use the website after receipt of notice of a change in terms, your use constitutes your acceptance of the change in terms.

Severability

In the event that any provision of these terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These terms, including any policies or operating rules posted herein constitutes the entire agreement between you and Don Don Diablo and govern your use of the website. Any misinterpretation or ambiguities of these 

Terms shall not be construed against Don Don Diablo.

Governing Law

These terms and conditions shall be governed by and in accordance with the laws of the State of Ohio, and the United States of America.

Contact

For more information regarding these terms and conditions, please direct any comments or inquiries to don@dddiablo.com