These Terms of Sale (“Terms”) govern your purchase of food products offered for sale by Cerasus Sanguine USA Corp., a Florida corporation (“Company,” “we,” “us,” or “our”). By placing an order, you agree to be bound by these Terms.
1. Eligibility
You represent that you are at least eighteen (18) years of age and legally capable of entering into a binding contract.
2. Products Information and Regulatory Compliance
“Products” means the food products offered for sale on our website (“Website”), including but not limited to Cherry Balsamic Vinegars, chocolate product, and other food items. We sell Cherry Balsamic Vinegar intended solely for culinary use. All products are imported and distributed in compliance with applicable U.S. Food and Drug Administration (FDA) regulations. Product packaging and labeling contain ingredient and nutritional information as required by FDA regulations. You are responsible for reviewing product labeling prior to consumption.
3. Orders and Acceptance
All orders placed through the Website constitute an offer to purchase and are subject to acceptance by the Company. Acceptance occurs only upon shipment of the Product. By clicking to accept these Terms or placing an order, you agree that your electronic acceptance constitutes a legally binding contract that is valid and enforceable under applicable federal law. We reserve the right to refuse or cancel any order for lawful reasons, including pricing errors, product availability, or suspected fraud. If we cancel an order after payment has been processed, a full refund will be issued.
4. Pricing and Taxes
All prices are listed in U.S. Dollars. Applicable sales tax will be collected as required by law based on the shipping destination.
5. Shipping Charges; Delivery; Risk of Loss
Shipping charges, if applicable, will be calculated and displayed at checkout prior to completion of your order. You are responsible for providing accurate shipping information and for any additional charges resulting from incorrect or incomplete address information. We reserve the right to modify shipping rates at any time prior to order confirmation. Delivery dates are estimates only. We will ship orders within the timeframe stated at checkout. If we are unable to ship within that timeframe, you will be notified and provided the option to cancel your order for a full refund in accordance with applicable federal consumer protection laws. Timely delivery cannot be guaranteed for orders shipped to incorrect or incomplete addresses. Title and risk of loss transfer to you upon delivery to the carrier.
6. Returns and Final Sale Policy
Due to the consumable nature of the Products, ALL SALES ARE FINAL. We will replace or refund products only if they arrive damaged, defective, or incorrectly shipped. Claims must be submitted within fourteen (14) days of delivery in accordance with our Return Policy. Claims must be submitted by contacting our Customer Support at celestial-cherry@cerasussanguine.u. If the claim is approved, the Company will cover reasonable shipping costs associated with returning or replacing the affected product.
7. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY STATED IN THESE TERMS. NOTHING IN THESE TERMS LIMITS ANY RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
9 Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, liabilities, and expenses arising from your violation of these Terms or your misuse of the Products.
10. Force Majeure
The Company shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, supply chain disruptions, carrier delays, government actions, pandemics, or infrastructure failures.
11. Dispute Resolution; Arbitration; Small Claims Carve-Out; Class Action Waiver
PLEASE READ THIS ARTICLE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS
a. Chargebacks. You agree to contact the Company to seek resolution before initiating a chargeback or payment dispute. Failure to do so may be considered a violation of these Terms.
b. Before initiating arbitration or filing a small claims action, you agree to first contact the Company and provide a written description of your claim. The parties agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms or the purchase of Products for a period of thirty (30) days following receipt of such notice.
c. Small Claims Carve-Out. Notwithstanding the agreement to arbitrate below, either party may bring an individual claim in a small claims court of competent jurisdiction, provided that the action remains strictly individual in nature and is not removed to a higher court or pursued on a class or representative basis.
d. Binding Arbitration. Except for claims properly brought in small claims court as described above, any dispute, claim, controversy arising out of or relating to these Terms, or the purchase, sale, shipment, or use of Products shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
e. Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act.
f. Delegation Clause. The arbitrator shall have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this provision is void or voidable.
g. Class Action Waiver. YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
h. Jury Trial Waiver. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
i. Arbitration shall take place in the State of Florida, unless otherwise required by applicable law.
12. Governing Law
These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.
13. Survival; Severability
Provisions relating to limitation of liability, arbitration, and indemnification shall survive termination. If any provision is found unenforceable, the remaining provisions shall remain in effect.
14. No Waiver
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of such provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of the Company.
15. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding purchases and supersede prior communications.
16.Contact Information
For questions regarding these Terms or your purchase, please contact:
Cerasus Sanguine USA Corp., a Florida corporation Operational Address: 7923b E McKinney, Denton, Tx 76208 Email: celestial-cherry@cerasussanguine.us Phone: +1 (817) 349-5270
