giftshop.mitierracafe.com

These Ordering Policies (the “Ordering Policies”) constitute a binding legal contract between you and MTC, Inc., a Texas corporation d/b/a Mi Tierra Cafe (“Mi Tierra”), the owner and operator of the website located at www.mitierracafe.com (the “Site”).  By ordering any merchandise via the Site, you signify your acceptance of these Ordering Policies, as may be amended or supplemented from time to time.  Please print a copy of this agreement for your records.

These Ordering Policies are intended to supplement the Website Terms of Use Agreement.  Click here to view that contract.  To the extent there is any conflict or contradiction between these Ordering Policies and the Website Terms of Use, these Ordering Policies shall take precedence and control.

Mi Tierra takes the issue of privacy and security on the Internet very seriously.  To view our Privacy Policy, click here. 

Shipping

All orders via the Site are fulfilled by MTC, Inc., located in Market Square in Downtown San Antonio, Texas. MTC, Inc.’s hours are 8:30 a.m. until 5:30 p.m. Central time.  They are closed on weekends and holidays.  Delivery of merchandise generally takes at least one to three (1-3) weeks, and may take longer. Your credit card will not be charged until the order ships.

Product Display

We have made every effort to display the products featured on this Site as accurately as possible.  Please note however that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually see on the screen.  The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of actual merchandise.  For optimal viewing, we recommend setting your monitor to 800 x 600.

Returns and Restocking

Returns will not be accepted without a return authorization number.   Please contact Mi Tierra’s customer service department at [(210) 225-7626 or at yolanda@mtcincsa.com] in the event you wish to return an order.  We will pay return shipping for defective products or if, through no fault of yours, the product you received is different from what you ordered.  Otherwise, shipping for all returns must be paid by you.

Payments and Disputed Payments

Sorry, Mi Tierra does not accept checks, drafts, or money orders for orders submitted through the Site.  Upon placing an order, we will phone you to receive payment information before finalizing the order.  We accept Visa and MasterCard.  You will bear all costs associated with a disputed credit card charge which results in action from Mi Tierra's merchant account provider, otherwise known as “chargebacks,” through MasterCard or Visa.

Disclaimer of Warranties

THE EXPRESS WARRANTY MADE IN CONJUNCTION WITH EACH SPECIFIC PRODUCT IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES.  MI TIERRA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.  THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  IF A PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.

Waiver and Limitation of Liability

You hereby acknowledge that the warranty and the accompanying obligations and liabilities of Mi Tierra are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Mi Tierra.  You acknowledge by your use of products ordered via the Site that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the products.

MI TIERRA HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT NEITHER MI TIERRA NOR ANY OF ITS AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S. C. § 2301.

IN NO EVENT SHALL MI TIERRA OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES WHICH EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED BY YOU.  SOME LAWS MIGHT NOT ALLOW LIMITATION OF CERTAIN DAMAGES ON PURCHASES FOR CONSUMER USE SO ONE OR MORE OF THESE LIMITATIONS MIGHT NOT APPLY TO YOU.

Follow all instructions and heed all warnings accompanying any product ordered from the Site.  Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children.

YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MI TIERRA OR ITS AFFILIATES ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MI TIERRA AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.

Modification

Mi Tierra may change these Ordering Policies at any time.  Any change shall be effective immediately upon its posting on the Site.  You agree that you will be bound by these Ordering Policies, however and whenever changed, whether you have actual or constructive notice of, and whether you have ordered, used or received products after, the changes.

Severability

If any provision of these Ordering Policies is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from these Ordering Policies and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

These Ordering Policies, the entire relationship between you and Mi Tierra, and any litigation or other legal proceeding between you and Mi Tierra (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

ORDERS
Our Site's order form requires users to give us contact information (like their name and email address) and some demographic information (like your gender or address). We use customer contact information from the form to send you information about Mi Tierra and merchandise offered through our Site. Your contact information is also used to contact you when necessary.

When you buy merchandise from our Site, we need to know, and therefore collect, your contact information (like your name, post office address, and e-mail address) and certain financial information (like your account information). This information that is collected is only used for necessary records to be maintained.

Linked Sites
The Site may contain links to other sites. Please be aware that Mi Tierra is not responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Site.

Children's Privacy
This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If Mi Tierra obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information is immediately and permanently deleted from our records.