Terms and Conditions
GENERAL: This AGREEMENT OF SALE sets forth the Terms and Conditions pursuant to which Buyer identified on the cover page hereof ("Buyer") will purchase and BRISA DE ESPAÑA will sell goods and/or services (hereinafter referred to as "Products"), including those described on the cover page of this AGREEMENT OF SALE. These Terms and Conditions shall govern and apply to the sale of the Products or the performance of the Services regardless of the terms and conditions appearing on any purchase order or other forms submitted by Buyer to BRISA DE ESPAÑA, or the inconsistency of any of the terms therein and herein.
LEGAL NOTICE: All notices from BRISA DE ESPAÑA to Buyer may be posted on our website and shall be deemed delivered within thirty (30) days after posting. Notices from Buyer to BRISA DE ESPAÑA shall be made by email, sent to the address we provide on our website, or by first class mail to our address at: 8726 NW 26 STREET DORAL, FL 33172.
Delivery shall be deemed to have been made by Buyer to BRISA DE ESPAÑA five (5) days after the date of posting.
TRADEMARKS: All brand names, product, service and process names appearing on this website are trademarks of their respective owners. Reference to or use of a product, service or process does not imply recommendation, approval, affiliation or sponsorship of that product, service or process by BRISA DE ESPAÑA. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of BRISA DE ESPAÑA or any third party, except as expressly granted herein.
CANCELLATION: Buyer may not revoke or cancel this CONTRACT OF SALE or cause the work or shipment to be delayed, except with the written consent of, and on terms agreed to by BRISA DE ESPAÑA and with full compensation to BRISA DE ESPAÑA for any loss suffered by reason of any cancellation or delay.
PRICE: Unless otherwise stated, all prices set forth in this CONTRACT OF SALE are F.O.B. at the premises of BRISA DE ESPAÑA. Prices are subject to change without notice. All prices are exclusive of any and all taxes, including but not limited to excise, sales, use, property, transportation and/or occupational and other taxes related to the sale or use of the Products, imposed now or in the future, together with all penalties and expenses. Buyer shall be responsible for collecting and/or paying any and all such taxes, whether or not stated on any invoice for the Products. Buyer shall indemnify and hold BRISA DE ESPAÑA free and harmless from and against the imposition and payment of such taxes. BRISA DE ESPAÑA, at its option, may at any time separately invoice Buyer for taxes not included in the invoice from BRISA DE ESPAÑA and Buyer shall pay such taxes, or in lieu thereof, shall provide BRISA DE ESPAÑA with a tax exemption certificate acceptable to all taxing authorities. Unless otherwise specified herein, all prices are exclusive of: (a) inland freight, insurance and other costs and expenses related to the shipment of the products from the F.O.B. point, site of BRISA DE ESPAÑA, to Buyer's premises; and (b) any special packaging for the products required by Buyer. In the event that BRISA DE ESPAÑA arranges for inland transportation, all costs and expenses related to such inland transportation shall be for Buyer's account and shall be paid by Buyer to BRISA DE ESPAÑA upon presentation of invoice from BRISA DE ESPAÑA . In the event that Buyer requires any special packaging for shipment of the products, the cost of such special packaging shall be invoiced separately and shall be paid by Buyer. In the event that delivery of the products, or any part thereof, is delayed due to Buyer's fault, any and all additional costs and expenses incurred by BRISA DE ESPAÑA as a result of such delay in delivery, including those related to storage, shall be borne and paid by Buyer.
DELIVERY: To a common carrier at the applicable BRISA DE ESPAÑA facility, consigned as directed by Buyer, shall constitute transfer of title, ownership, possession and title to the shipment to Buyer at the point of such delivery. Thereafter, Carrier shall be deemed to be acting on behalf of Buyer and the shipment shall be at Buyer's expense. Brisa de España complies with federal, state and local laws, rules, regulations and standards relating to the preparation, sale and marketing of food, including food preparation, food safety and menu disclosure. Any Delivery Charge is not a gratuity paid to your driver.
LIMITED PRODUCT WARRANTY: BRISA DE ESPAÑA can warranty new machines against defects in material and workmanship for a limited period of 10 days from the date of purchase as indicated on the invoice. Please refer to the warranty information posted on the product description page or contact us for the limited product warranty period for a particular item. If your product is covered, the Company will repair or replace free of charge, F.O.B. Miami, Florida, any part that proves to be defective in materials or workmanship. Failures will be verified by inspection of BRISA DE ESPAÑA and at the sole discretion of BRISA DE ESPAÑA. Removal and installation costs will be the responsibility of the Buyer. BRISA DE ESPAÑA is solely responsible for supplying the defective part(s). BRISA DE ESPAÑA is not responsible for consequential damages, such as lost profits, delays or expenses caused by the failure of such part(s). Failure due to abuse, improper adjustment or maintenance, exposure to corrosive or abrasive environments or operation in wet conditions does not constitute failure due to materials or workmanship. Modifications or alterations to the equipment without the express written consent of BRISA DE ESPAÑA are strictly prohibited. Failure to obtain written consent voids any warranty, express or implied, and releases BRISA DE ESPAÑA from all liability for such product. BRISA DE ESPAÑA is not responsible for repair, service or installation charges, fees or damages for correcting any defect. BRISA DE ESPAÑA will not accept parts returned for credit unless BRISA DE ESPAÑA is notified in writing and BRISA DE ESPAÑA authorizes the return or correction in writing in accordance with our return policy.
IF COMPONENTS ARE HANDLED PRIOR TO INSPECTION BY THE COMPANY, ALL WARRANTY CLAIMS ARE WAIVED.
During the limited warranty period for the applicable product, if a covered product is found to be defective in workmanship or materials, BRISA DE ESPAÑA will, at its option: (1) replace or repair the defective component; or (2) replace the product with a comparable product. Replacement parts will be new or used in serviceable condition, comparable in function and performance to the original part or product, and will be warranted for a period longer than fourteen days or the remainder of the warranty period. Replacement products may be reconditioned and are warranted for fourteen days or the remainder of the applicable limited warranty period. Any additional purchases or upgrades will not extend this limited product warranty. Upon expiration of the warranty period, BRISA DE ESPAÑA 's liability under this warranty shall terminate. The foregoing warranty shall constitute the sole responsibility of BRISA DE ESPAÑA and the exclusive remedy of the customer or user. If we determine that the problem with the product is not covered by the limited product warranty, we will inform you of alternative solutions that may be available to you for a service fee. In the event that we provide warranty service, the cost of shipping the item back to us will be the responsibility of the Buyer. NO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED. BRISA DE ESPAÑA SPECIFICALLY DISCLAIMS ANY SUCH IMPLIED WARRANTIES.
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE: The determination of the suitability of the products described on the face of the invoice and/or invoice is the sole responsibility of the Buyer and BRISA DE ESPAÑA shall have no liability in connection therewith.
LIMITATION OF LIABILITY: WHILE WE TAKE CUSTOMER SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR FOOD ORDER, PLEASE CONTACT THE RESTAURANT DIRECTLY. BRISA DE ESPAÑA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR FOR THE COST OF SUBSTITUTE GOODS. CONSEQUENTIAL DAMAGES for the purposes of this Agreement shall include, without limitation: Loss of use, revenue or profits, or loss suffered as a result of injury (including death) to any person or loss of or damage to property, including but not limited to materials manufactured, processed or packaged through the use of the products. Damages arising out of or in connection with delays in delivery, performance of BRISA DE ESPAÑA, breach or non-performance of this contract, defects in equipment, failure of the products to function properly or failure of the products to meet specifications or the operation, use, installation, repair or replacement of the products.
PRODUCT PRODUCTION OR AVAILABILITY ESTIMATES: are not guaranteed, but are the result of careful analysis of requirements submitted by Buyer and present reasonably expected production or inventories under normal conditions.
ESTIMATED SHIPPING TIMES: Shipping dates are approximate; BRISA DE ESPAÑA is not responsible for delays or non-performance due to strikes, fires, embargoes, abnormal manufacturing conditions or causes beyond the reasonable control of BRISA DE ESPAÑA. Specification changes requested by Buyer may extend shipping schedules.
RETURNS: Some unused products may be returned after the invoice date. Please refer to the return information posted on the product description page or contact us for the applicable return period for a particular item. Before returning a product, please contact BRISA DE ESPAÑA to determine if your product qualifies for return and, if so, to request a Product Return Instruction Form. A fifteen percent (15%) restocking fee may be deducted from any refund or credit. Products without a Return Authorization Number (RAN) cannot be returned. Parts and consumables cannot be returned. Products must be returned in new condition to BRISA DE ESPAÑA 's facility in Miami, Florida. Returned products must include all original packaging, along with any media, documentation, hardware, tools, parts, manuals and all other items that were included in the original shipment. All parts shipped under warranty must also be included. Products must be shipped prepaid and insured. C.O.D. deliveries will be refused. Buyer accepts the risk of loss or damage during shipment. Products must be returned fully packaged, in the same new condition in which they were originally received. Damaged packing materials must be replaced with new materials, this includes wooden and/or cardboard boxes or crates. Products shipped with strapping on pallets should be returned in the same manner. Please note that additional protection may be necessary to protect the Product, as the original packing materials may have suffered normal wear and tear during shipment to Buyer's location and may be insufficient to protect the Product during return shipment. Buyer is responsible for all shipping, insurance, packing and/or handling charges, as well as import/export fees and brokerage or warehousing fees (if applicable). Buyer accepts all responsibility for products damaged or lost during shipment. BRISA DE ESPAÑA reserves the right to refuse any product that upon arrival shows visible damage to the packaging. BRISA DE ESPAÑA will not be responsible for packages shipped to any address other than the one specified. Upon receipt of the returned product, BRISA DE ESPAÑA will check the integrity, condition and operational status of the Product. The Product must be received in as new condition. If items are missing or repairs are required (due to previous use, improper installation, mishandling or improper packaging) BRISA DE ESPAÑA may, at its sole discretion, replace or make such repairs as it deems necessary to return the Product to as new condition, including the cost of packaging or repackaging the Product. The cost of such items and/or repairs will be deducted from any applicable refund value. Shipping, handling and/or insurance costs are non-refundable. Any applicable refund will be processed within 15 business days of receipt of the returned product, in the same form of payment used in the original purchase. If the returned item was shipped free of charge, the actual outbound shipping cost will be deducted from any applicable refund. BRISA DE ESPAÑA will reimburse the buyer a maximum of up to the value of the returned item as specified on your invoice less any charges incurred as specified above.
PAYMENTS: You agree that BRISA DE ESPAÑA may immediately authorise your credit card (or other approved facility) for payment of any order placed with your registered account. If you have a question about a transaction on your credit card statement, please contact BRISA DE ESPAÑA directly or use the "Contact Us" section of the website to contact customer service. To maximise security, BRISA DE ESPAÑA does not hold credit/debit card details. They are held by third party payment providers. Your credit card company may also carry out security checks to confirm that it is you placing the order. Login name; email; unique identifiers.
TYPOGRAPHICAL ERRORS: BRISA DE ESPAÑA is not responsible for typographical errors.
COMPLIANCE: The terms and conditions set forth herein represent an agreement between BRISA DE ESPAÑA and Buyer which, together with the terms, provisions and conditions of any acknowledgements provided to Buyer by BRISA DE ESPAÑA, constitutes the entire agreement, understanding and representations, express or implied, between BRISA DE ESPAÑA and Buyer and supersedes all prior communications between the parties, including all oral and written proposals.
SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision contained herein.
TERMS AND CONDITIONS OF USE OF THE WEBSITE: BRISA DE ESPAÑA makes no warranty or representation that the information contained in the website is appropriate for use in any jurisdiction (except the United States of America). No information shall be construed as advice and information. The content is for informational purposes intended to educate the visitor to make an informed purchase at the time of sale. BRISA DE ESPAÑA is not responsible for the content of any off-site pages or any other sites linked to the Site. The BRISA DE ESPAÑA website (the "Site") is presented for private, non-commercial use only.
COMMUNITY PRINCIPLES: The BRISA DE ESPAÑA community, like any community, works best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to abide by these community rules and that: You will not use the Services for any illegal purpose or to engage in commercial activities, which include, but are not limited to, raising money; advertising or promoting a product, service or company; or engaging in any pyramid or other multi-level marketing scheme; You will not access or use the Services to compile market research for competing companies; You will not upload, post, email, transmit or otherwise make available any content that: Infringes any copyright, trademark or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, libelous, indecent, obscene, pornographic, invasive of another person's privacy or promotes violence; or reveals any personal information about another person, including that person's name, email address, mailing address, telephone number, credit card information or any similar information; you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and you will not interfere with or attempt to disrupt the proper working of the Services through the use of viruses, devices, information gathering or transmission mechanisms, software or routines, or access or attempt to gain access to data, files or passwords related to the Services through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any part of the Services, without notice.
RESTRICTIONS: The Services are available to persons 13 years of age or older. If you are 13 or older, but under the age of 18, you should review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may not use the Services to purchase alcohol unless you and the recipient of the alcohol are 21 years of age or older and present a valid photo ID verifying your age at the time you pick up your order.
IMPORTANT PURCHASER NOTICE: Do not accept any package or item until you have thoroughly reviewed and inspected its contents. You have the right to inspect the items while the shipping company awaits your approval. If you find that the items are damaged or incomplete, note them clearly on the bill of lading, refuse the package(s) or items, return them to the shipper and contact us immediately. By accepting the package(s) or item(s), you accept full responsibility for its condition. Any damage or missing parts that occur during shipment are your sole responsibility. Damaged or incomplete items will not be covered by any warranty and are non-refundable.
TRADEMARKS: The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of BRISA DE ESPAÑA. Nothing contained on this website should be construed as granting any license or right to use any mark without the prior written permission of BRISA DE ESPAÑA.
EXTERNAL LINKS: Certain links on the BRISA DE ESPAÑA site will let you leave the BRISA DE ESPAÑA site. These linked sites are not produced by BRISA DE ESPAÑA and BRISA DE ESPAÑA is not responsible for the content or material on any linked site or any link contained in a linked site, or any changes or updates to such sites. BRISA DE ESPAÑA includes these linked sites as a service to its customers, and the links do not necessarily imply endorsement by BRISA DE ESPAÑA.
PUBLIC FORUMS AND USER SUBMISSIONS: BRISA DE ESPAÑA is not responsible for material submitted. All communications received by BRISA DE ESPAÑA by e-mail or otherwise, including letters, questions and comments, may be posted on the Site or published by BRISA DE ESPAÑA. Such communications may be edited for length and clarity.
WARRANTIES: BRISA DE ESPAÑA makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) with respect to the website, the information contained on the website, the personal information or material or your or your company's personal information transmitted through our system.
RIGHT TO STOP THE GOOGLE TRANSLATION SERVICE: BRISA DE ESPAÑA reserves the right to stop providing the functionality and/or content of Google Translate at any time without notice. BRISA DE ESPAÑA assumes no responsibility and expressly disclaims liability for your use of the functionality or content of Google Translate or for your reliance on the accuracy of its translations.
PROVISIONS: This Agreement shall be governed by and construed in accordance with the national laws of the State of Florida, without giving effect to its principles of conflicts of laws. In the event a dispute arises under or in connection with this Agreement or the Services or any other product or service provided by us (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute through binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY ELECTS ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the FAA. Any court in Miami, Florida may enforce the arbitrator's award. The arbitration shall be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA's website at www.adr.org. Arbitration may be conducted in person, by submission of documents, by telephone, or online. If conducted in person, the arbitration will take place in Miami, Florida. Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator. In addition, we may bring an action for injunctive relief in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority to bring a Dispute in a purported representative capacity on behalf of the general public or any other person. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR COLLECTION MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of this Agreement is held invalid by any court having competent jurisdiction or is terminated pursuant to the above termination provision, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Payment", "Intellectual Property", "Communications to BRISA DE ESPAÑA", "No Warranties/Limitation of Liability", "Indemnification", "Termination" and "Miscellaneous".
Our failure to act or enforce any provision of the Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against us unless in writing, and no such waiver will be construed as a waiver in any subsequent instance. Unless you and we expressly agree in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
Doral FL 33172
Tel: (305) 436 3995
Fax: (305) 436 3997
Monday: 8 am - 6 pm
Tuesday: 8 am - 6 pm
Wednesday: 8 am - 6 pm
Thursday: 8 am - 6 pm
Friday: 8 am - 9 pm
Saturday: 8 am - 9 pm
Sunday: 8 am - 6 pm