Terms of Service
ORDERING AND PAYMENT
We sell a few products that are priced by the pound shipped. You’ll be able to easily notice these, as it will show the price per lb. on the product detail page, your shopping cart, and in your order receipt. Any product priced by the pound shipped is charged by the stated price per pound by the actual weight of the item shipped. All of these priced per pound items differ in weight. We do provide estimated weight ranges, but even these can vary further at times – we do our best to provide items within the weight range. If you need a very specific (or minimum) amount of an item shipped please email us after placing your order with instructions, or include it within the order notes found on the order page.
When placing your order, we will be authorizing your credit card based on the total stated amount in your order summary. Your order will then be charged when it ships. If your order contains products priced by the pound, your final charge to your credit card may be more or less than this initial order summary total, as you are being charged based on actual weights being shipped.
If you choose to pay with PayPal, an additional fee may be initially assessed to you order to cover any potential for weight variation in your order for products priced by the pound. Once your order is shipped, your PayPal account will be automatically credited based on any differences. Should larger weights ship than what was anticipated for originally, you will be sent a PayPal payment request for the remaining balance.
SIGNATURE RELEASE OR SIGNATURE REQUIRED OPTION
Although we do provide the option for you to select whether you want an order to be left at the door if nobody is home to sign for it, the decision to leave the package or not is at the sole discretion of the shipping carrier's delivery driver. If your area is deemed to be a high-crime or unsafe area, the driver will not leave the package. If you are delivering to an apartment or condo that does not have a receiving area for packages, the carrier's delivery driver will also not leave the package outside of your door. We cannot be responsible for packages that are not left due to the named circumstances above. Please take care in having orders delivered to an address where you know someone will be home. Packages over $700 in value will require a signature and someone will need to be home to receive it.
ORDER FULFILLMENT TIME FRAMES
Most orders placed before 12:00 pm eastern time, Monday through Friday are shipped the same day. During checkout, you’ll see an order summary window on the top right that will provide an estimated shipping date for your order based on the items in your order. Each product’s detail page also provides information on the expected lead time to ship that item.
Orders containing non-perishable items can ship out Monday – Friday. Orders containing perishable items will ship out using UPS Standard Overnight Monday through Thursday. After 12:00 pm on Friday, there’s an option to ship perishable food orders for the following Monday. WE DO NOT OFFER SATURDAY DELIVERY. You can also use our delivery calendar on the shipping page during checkout to have your order delivered on a specific future date.
In the event that your order contains an out-of-stock item, we will follow the guidelines you requested on the Shipping Information page during checkout. If your order does contain an out-of-stock order, this could delay the fulfillment of your order. We suggest for faster fulfillment to select to SUBSTITUTE out of stock items.
PRODUCT AVAILABILITY AND OUT-OF-STOCK ITEMS
We regularly update our site so it shows the current availability of items. However, as we do also service wholesale customers who can make large purchases at times, sometimes we may run out of stock of an item. During the checkout process, on the Shipping Information page, we provide you with 4 options of how you would like us to handle your order in the event that an item is out of stock. We provide the options of:
SUBSTITUTE - we will select a similar item from our inventory to replace the missing item, assuming a similar item is available. Please note that by accepting this option you are also agreeing to accept what we send as a replacement. Although this option does mean your order will always ship quickly, if you are really only wanting what you've ordered, please don't select this option.
DELETE - delete any out-of-stock items and ship the remaining items. Your order will then be credited for any out-of-stock items.
HOLD - we will hold the order until all items are available. We will update you with an ETA on missing products once we are aware. Most out of stock items we can typically acquire within 2 weeks, however at times there can be manufacturing shortages or other delays out of our control which could delay the order further.
CALL OR EMAIL US TO DISCUSS - we'll do just that. If an item is out-of-stock we'll advise you to discuss how to handle the missing item, and provide some available alternatives for you or an ETA on when we expect to receive the missing item again. Selecting this option will delay the fulfillment of your order until we have reached you, so please make sure you provide a correct order.
COMBATING FRAUD AND THEFT
We take a very vigorous approach to battling fraud and theft, both with orders placed for our products and keeping your information safe and secure. It is a violation of State and Federal law to place orders under a false name or with an invalid or stolen credit card. We will take all steps necessary to prosecute all people placing fraudulent orders to the fullest extent of the law possible. We actively work with the U.S. Secret Service, the FBI, and local law enforcement to prosecute anyone committing fraud online. If we deem any order as a potential for fraud, we may require additional information to confirm the validity of your order, including a picture of the credit card used along with a valid government issued identification.
We take equal steps to ensure that when you order with us your information is protected and secure. We employ advanced encryption methods and use SSL technology to ensure that any information you submit to us is safe and secure. We also work with independent third party companies that monitor our website daily and notify us of any potential vulnerabilities that a hacker could exploit, which, if found, we then immediately correct.
YOUR INFORMATION AND PRIVACY
INFORMATION YOU PROVIDE TO US
In the course of doing business with either by shopping on our website or by talking with our customer service representatives, you will willingly provide us with some personal information, such as your name, address, contact information and shopping choices. By providing this information to us, you authorize us to store this information, use it to complete the fulfillment of your order, use it to provide suggestions to make your shopping experience better, and for following up with communications regarding your order. We may also use this information for future marketing to you. At times we work with other third-party companies and we may share information about you with them, such as with UPS to complete the fulfillment of your order, or with companies in a cooperative marketing effort. Any credit card information you provide to us for completing your order is never shared with anyone and is only ever used to complete an order transaction. If you only wish to have your information used by us and for the fulfillment of your order and not shared with any third-party companies, simply email us to let us know.
INFORMATION WE COLLECT FROM YOUR SHOPPING EXPERIENCE
We may use third party advertising companies to serve ads (e.g., banners or links) on its behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags will be anonymous.
ORDER CANCELLATION / MODIFICATION
We will honor all order cancellation and revision requests as much as possible. However, we do pack many orders a day, and if your order has already been packed it may be difficult to cancel or modify it simply because it can be one box out of hundreds shipping out and we may not be able to find it. During November and December simply due to the sheer volume of holiday orders, we are not able to cancel or modify orders once they are placed.
Our products are subject to availability due to weather and seasonal changes. We reserve the right to make changes to product pricing to reflect changes in market supply. We aim to make the customer aware of any changes as soon as we can.
PLEASE READ THIS CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Election for Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against Tita Italian Wine & Delicatessen (or against any of our parent or affiliate companies) arising out of or relating to this purchase or your use of the Tita Italian (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to Tita Italian Wine & Delicatessen by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Miami - Dade County, Florida and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and Tita Italian Wine & Delicatessen are waiving certain rights to contest disputes in court. If for any reason this arbitration clause is deemed unsuitable or invalid, you and Tita Italian Wine & Delicatessen both waive, to the fullest degree allowed by law, any claims to recover disciplinary or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law – Florida
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
It is understood by both parties that consuming undercooked seafood or meat products may make you sick. Please make sure you cook all raw meat and seafood products to the correct temperature prior to consuming.
In the event that Tita Italian Wine & Delicatessen is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the dollar value of the order that you had placed or the value of the product that came into question. Gourmet Food Store shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Tita Italian Wine & Delicatessen may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and Tita Italian Wine & Delicatessen, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Monday to Fridays
9:30 am to 5:00 pm ET
For inquiries by mail:
Tita Italian Wine & Delicatessen
1408 NW 23rd St
Miami, FL 33142
Please note this address is our warehouse address, and is not a retail store.