Terms of Use

TERMS OF USE

OVERVIEW

This website is operated by Majestic International Spice Corporation (“Majestic”). Throughout the site, the terms “we”, “us” and “our” refer to Majestic. This page tells you the terms of use on which you may make use of the website www.majesticspice.com in your capacity as a visitor, registered user, customer or employee.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our office is located at 11150 La Grange Ave, Los Angeles, CA 90025.

SECTION 1 – ACCESSING OUR SERVICES

We reserve the right to withdraw access to or amend any Services that we may provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may limit or restrict access to some parts of our Services, or our entire Services, to users who have registered with us.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Majestic may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We also reserve the right to correct pricing errors that may inadvertently occur and to cancel any orders in our sole discretion that were purchased with pricing errors. All such changes shall be effective immediately upon posting of such new Offering prices and/or upon making you aware of the pricing error.

Majestic does not warrant that Offering descriptions are accurate, complete, reliable, current or error-free. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – REPRESENTATION OF PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 9 – PROHIBITED USES

You may use the Site only for lawful purposes.

You may not use our site:
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors, or any individual, in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer hardware or software.

You also may not:
Reproduce, duplicate, copy or re-sell any part of the Site in contravention of the Site’s Terms of Use; or
Access without authority, interfere with, damage or disrupt:
(i) any part of the Site;
(ii) any equipment or network on which the Site is stored;
(iii) any software used in the provision of the Site; or
(iv) any equipment or network or software owned or used by any third party.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

ANY APPLICABLE WARRANTIES ARE CONTINGENT UPON YOU FULFILLING YOUR RESPONSIBILITY TO MAKE YOUR OWN EXAMINATIONS AND CONDUCTING YOUR OWN TESTS. YOU WARRANT THAT YOU WILL MITIGATE ANY LOSS OR DAMAGE THAT YOU MAY SUFFER UNDER THESE TERMS OF SERVICE OR OTHERWISE RELATED TO THE OFFERINGS, AND THAT, TO THE EXTENT APPLICABLE YOU WILL FOLLOW ANY OF MAJESTIC’S INSTRUCTIONS REGARDING THE HANDLING, STORAGE, COOKING AND SERVICING OF THE OFFERINGS AND COMPLYING WITH ALL REGULATORY AND STATUTORY LAWS AND INDUSTRY PRACTICES FOR FOOD HANDLERS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, MAJESTIC’S TOTAL LIABILITY FOR ANY LOSSES OR BREACH OF WARRANTIES HEREIN, OR FOR ANY CLAIM RELATED TO THE OFFERINGS, OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, INDEMNIFICATION OBLIGATIONS HEREIN, SHALL BE LIMITED TO YOUR PURCHASE PRICE OF THE PRODUCTS FOR THE ORDER RELATED TO THE CLAIM (THE “CAP”). THE FOLLOWING CLAIMS HOWEVER SHALL NOT BE SUBJECT TO THE CAP: (I) DEATH OR INJURY FROM A PARTY’S NEGLIGENCE, (II) FRAUD OR FRADULENT MISREPRESENTATIONS, AND (III) ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT OR ATTEMPT TO EXCLUDE OR LIMIT, LIABILITY.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Majestic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 12 – SEVERABILITY

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

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 – JURISDICTION AND GOVERNING LAW

The courts of the State of California in the United States will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions any other relevant jurisdiction. These Terms of Use inclusive of any applicable Additional Terms are governed by California law.

SECTION 16 – VARIATIONS TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We may revise these Terms of Use at any time by amending this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 17 – CONTACT INFORMATION

If you have any concerns about material which appears on our Site, please contact cs@majesticspice.com.

E-COMMERCE TERMS OF USE

These E-commerce Terms of Service (“Terms of Service”) govern your access and use of the Site and Services in respect of your purchase of any goods or services offered via the Site. These Terms of Service are deemed incorporated into the Terms of Use. Capitalized terms used but not defined herein shall have the meanings given to them in the Terms of Use. By accessing the Site and/or using the Services, you are agreeing to these Terms of Service. If you do not understand or agree to these Terms of Service, please do not use the Services. If you use the Services on behalf of a company or other entity, then any reference to you includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service and (b) you agree to these Terms of Service on the entity’s behalf.

SECTION 1 – PAYMENT

You may purchase certain products or services through the Site, including products or services of third parties that are offered through the Site (“Offerings”). Payment may be made by credit card, debit card, PayPal, wire transfer or other means that we may make available.

Orders will not be processed until payment has been received in full and any holds on your account by PayPal or any other payment processor are solely your responsibility as Majestic is not a party to any agreement between you and the payment processor. Majestic reserves the right to charge you an interest rate of up to fifteen percent (15%) for any unpaid invoices.

You acknowledge and agree that all information you provide with regard to a purchase of Offerings, including but not limited to credit card, PayPal or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including but not limited to any credit card you provide when completing a transaction. By providing any such information to Majestic, you authorize Majestic to store and use such information and payment methods for purchases made through the Site.

When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth on the Site, including all shipping charges, handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.

The Services may allow you to purchase Offerings and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the date of delivery or provision of the applicable Offering.

SECTION 2 – PROMOTIONAL CODES

Majestic may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Majestic establishes.

You agree that Promotional Codes:
(a) must be used in a lawful manner;
(b) must be used for the intended audience and purpose;
(c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Majestic;
(d) may be disabled or have additional conditions applied to them by the Majestic at any time for any reason without liability to the Majestic;
(e) may only be used pursuant to the specific terms that the Majestic establishes for such Promotional Code;
(f) are not valid for cash or other credits or points; and
(g) may expire prior to your use.

SECTION 3 – ORDER ACCEPTANCE

Following receipt of your order for an Offering, Majestic will provide you with an order confirmation. An order confirmation is an acknowledgment of our receipt of your order and neither signifies our acceptance of your order and nor constitutes confirmation of our offer to sell.

Majestic reserves the right at any time after receiving your order to accept or decline it at our sole discretion. If we cancel an order after you have been billed, we will refund the billed amount.

SECTION 4 – SHIPMENT

Orders may be picked up by you at one of Majestic’s facilities or may be shipped to an address designated by you, so long as such address is accurate and complete. If Majestic is expected to deliver the Orders, Majestic will use commercially reasonable efforts to deliver you the Products on a timely basis, but you agree that time is not of the essence. You will be responsible for any shipment or delivery fees.

All deliveries made by Majestic shall be made pursuant to a shipment contract with a carrier. This means that title and risk of loss for any purchase of physical product Orders pass to you upon our delivery to our carrier. Tracking may be available at our carrier’s website, though we make no warranties regarding its availability. Majestic reserves the right to ship partial orders (at no additional cost to you).

You are not allowed to give Majestic the personal information of any persons under the age of majority for delivery or shipping purposes or any other reason.

SECTION 5 – REFUNDS AND CHARGEBACKS

All sales are final and food products cannot be returned. All items from our website are sold on a non-returnable basis unless defective. Please check that all items received are what you have ordered. If you have received an INCORRECT item DO NOT OPEN IT. We will not accept any returns or provide refunds of items that have been opened, tampered with or not in their original condition.

We do our best to minimize product damage in transit, if your Order arrived damaged or contaminated in any way, please contact us directly at cs@majesticspice.com and we will do our best to resolve the issue.

Please DO NOT return any Order without contacting us first for specific information regarding the return process.

OUR CONTACT INFORMATION

Address: 11150 La Grange Ave, Los Angeles, CA 90025

Email: cs@majesticspice.com

Phone: +1 323-303-3324