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TERMS AND CONDITIONS

The following Terms of Use and Privacy Policy apply to all websites operated by F. Gaviña & Sons, Inc. (“Don Francisco’s Coffee”), including the site located at www.DonFranciscos.com) (collectively, “the Site”). By visiting the Site, whether or not you place an order, you are agreeing to be bound by the Terms of Use and Privacy Policy (“TOU/PP”). If you do not wish to be bound, please exit the Site.

Effective Date and Revisions

The TOU/PP were last revised on December 7, 2016. Don Francisco’s Coffee reserves the right to change the TOU/SS from time to time in its sole discretion, and you agree that it is your responsibility to monitor the Site to determine whether any changes have been made.

Copyright and Trademark

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the intellectual property of Don Francisco’s Coffee or its suppliers and protected by U.S. and international copyright and trademark laws. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All software used on this site is the property of Don Francisco’s Coffee or its software suppliers and protected by U.S. and international copyright laws and may not be reproduced, modified, distributed, transmitted, or republished.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Don Francisco’s Coffee reserves the right at any time after receipt of your order to accept or decline your order for any reason. Don Francisco’s Coffee reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Don Francisco’s Coffee may require additional verifications or information before accepting any order.

International orders may be subject to tariffs, taxes, and regulations. Don Francisco’s Coffee is not responsible for shipping delays or any additional fees for international orders.

Don Francisco’s Coffee shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Don Francisco’s Coffee shall immediately issue a credit to your credit card account in the amount of the price.

Limitation of Liability and Disclaimer

The Site and its contents and the goods and services that may be offered for sale on the Site are made available on an “AS IS” basis. Don Francisco’s Coffee are Don Francisco’s Coffee makes no representations or warranties, either express or implied, of any kind with respect to the operation, contents, information, or materials contained therein. You agree that Don Francisco’s Coffee, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Don Francisco’s Coffee web site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Jurisdiction

You agree that any legal action brought against Don Francisco’s Coffee shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on Don Francisco’s Coffee shall be an appropriate federal or state court located in Los Angeles County in the State of California.

Return Policy

Don Francisco’s strives to provide exceptional coffee as well as Customer Service and will work with you to ensure your 100% satisfaction. If you are not pleased with any item, for any reason, we will gladly replace it, exchange it, or refund the purchase price. For your returns we will send UPS at our expense but you must first contact our Customer Service department at 800-697-5282 (Monday – Friday 7:30 am - 4:30 pm PST). Note: If you return items without contacting Don Francisco’s, you will be subject to pay the return shipping cost.

Notice and Procedure for Making Claims of Copyright Infringement.

Don Francisco’s Coffee will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:

Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of The Den Meditation: Jonathan Kirsch

Full Address of Designated Agent to Which Notification to Don Francisco’s Coffee Should Be Sent:
Law Offices of Jonathan Kirsch, APC 1880 Century Park East Suite 515 Los Angeles CA 90067
Telephone Number of Designated Agent: Tel. (310)785-1200 Cell (310-871-6230
Facsimile Number of Designated Agent: (310)286-9573
Email Address of Designated Agent: jk@jonathankirsch.com

To be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the allegedly infringing material and information reasonably sufficient to permit the designated agent or service provider to locate such allegedly infringing material;
  4. Information reasonably sufficient to permit the designated agent or service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.

Termination of Right to Use the Site.

If you violate any of the TOU, your permission to access or use the Site may be terminated at the sole discretion of Don Francisco’s Coffee. We reserve the right to release current or past user information in the event that Don Francisco’s Coffee, in its sole discretion, believes, or has reason to believe, the Site is being used in violation of the TOU, or in violation of any local, state or federal law.

Binding on Successors.

The TOU is binding on and shall inure to the benefit of Don Francisco’s Coffee and its licensees, successors and assigns.

Complete Agreement. Except as expressly provided in notices posted on the Site or otherwise expressly provided by Don Francisco’s Coffee in writing, the TOU constitute the entire agreement between you and Don Francisco’s Coffee with respect to your use of the Site and/or the purchase of goods and services from Don Francisco’s Coffee.

Contact Information.

F. Gaviña & Sons, Inc.
2700 Fruitland Ave Vernon CA 90058
1(800)428-4627
traders@don-francisco.com