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
Click here to view that contract. To the extent there is any
conflict or contradiction between these Ordering Policies and the
Mi Tierra takes the issue of privacy and security on the
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.
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 firstname.lastname@example.org] 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.
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.
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.
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
Governing Law and Venue
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.
This contract is
fully performable in Bexar County, Texas. Any litigation arising
between the parties hereto shall be brought only in the state or
federal courts located in Bexar County, Texas.