Welcome to Brothers Produce of NJ Website (“Website”). Please review the Terms of Use and Privacy Policy statements. These terms and conditions govern the use of our Website (the “Agreement”) and apply to all visitors to or users of https://www.brothersproducenj.com (this “Website”), a website of Brothers Produce of NJ (“Brothers Produce”). We may change the terms that govern your use of our Website at any time without prior notice of any such changes. Your use of our Website following any such changes constitutes your agreement to follow and be bound by the terms as changed.

By visiting and shopping on the Website, you accept these terms and conditions.

If you do not agree with the terms and conditions of this User Agreement, you may not access, visit and/or use the Site.

Website Terms and Conditions of Use

1. Terms

By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information) on Brothers Produce Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Brothers Produce Website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Brothers Produce at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. 1. The materials on Brothers Produce Website are provided “as is”. Brothers Produce makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Brothers Produce does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
   2. The Website is not intended for user under the age of 18, and we do not knowingly collect personally identifiable information from users under 18 years of age. Such users are expressly prohibited from registering on the Website or submitting their personally identifiable information to us, and from using portions of the Website for which registration is required.
   3. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Website and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Website.

4. Limitations

In no event shall Brothers Produce or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Brothers Produce Website, even if Brothers Produce or a Brothers Produce authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Brothers Produce Website could include technical, typographical, or photographic errors. Brothers Produce does not warrant that any of the materials on its Website are accurate, complete, or current. Brothers Produce may make changes to the materials contained on its Website at any time without notice. Brothers Produce does not, however, make any commitment to update the materials.

6. Links

Brothers Produce has not reviewed all of the Website’s linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Brothers Produce of the Website. Use of any such linked Website is at the user’s own risk.

7. Site Terms of Use Modifications

Brothers Produce may revise these terms of use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

General Terms and Conditions applicable to Use of a Website.

1. Shipping Policy

Delivery will be made to the delivery address contained in your Customer Registration Data. You are responsible for ensuring that someone is present at the delivery address to accept delivery of your order at the time specified. Anyone at the delivery address who receives the delivery is the conclusively presumed to be authorized to receive the order. In the event we miss a delivery time, Brothers Produce agrees only to make the delivery at a time later agreed upon.

2. Merchandise, Products and/or Services Available Through the Website

Nothing on the Website constitutes a binding offer to sell, rent, distribute or give away merchandise products and/or services, including without limitation Content. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to addresses, even after your receipt of an order confirmation or after you have been charged. In the event merchandise, products and/or services, including without limitation Content, are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products and/or services, including without limitation Content, which you or your group seek.

Images available on or through the Website of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specification, features or functionality of such merchandise.

You agree that we and our indemnities are not responsible and shall have no liability to you, with respect to merchandise, products, and/or services including without limitation Content, featured, mentioned, described, distributed, given away, sold or rented or otherwise available on or through the Website, including illegal, offensive or illicit items, even items that violate the Agreement.

3. Refund Policy

• • Brothers Produce of NJ will accept returns or exchanges with the original receipt in the form of in-store credit ONLY.
  • No cash refunds.
  • We will honor returns within 24 hours for perishables, 72 hours for non-perishables.
  • For SNAP transactions, Brothers Produce of NJ can only provide an even exchange for an identical item within the time frames indicated above.

We reserve the right to limit or refuse a return.

4. Governing Law

Any claim relating to Brothers Produce website shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.

4.1 Arbitration

You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolutions, including without limitation any court action.

4.2 General

We reserve the right to post, from time to time, additional rules that apply to certain portions of the Website, or the Service as a whole. Such additional rules will be posted in the relevant portions of the Site and/or Service and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Website constitutes your agreement to comply with these additional rules.

The rules, restrictions, limitations, terms and conditions that apply to the Website, whether listed in this User Agreement and Privacy Policy, posted at various points in the Site, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Website and/or Service, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the Agreement.

Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

If you do not agree to the terms contained in this User Agreement and Terms of Use Policy, you must immediately exit the Website.