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Terms of Use

All references herein to "COMAL", "we", "us", and "our" refer to Comal Mexican Restaurant Supplies, LLC. The terms "customer", "user", "you", "your" and "yours" refer to the user/customer utilizing our website to order services or merchandise ("Product") or to browse our website.

The following terms of use apply to the use of and purchases from COMAL website at http://www.comalrestaurantsupplies.com or http://wwwmexicanrestaurantsupplies.com.mx.

These terms may not apply to purchases made at COMAL retail locations or in any other manner not utilizing the COMAL.com website.

By using the COMAL website, you agree to be bound by its terms of use (explained below), legal notices, privacy policy, and all disclaimers and terms and conditions that appear elsewhere on COMAL website.

We reserve the right to make changes to the COMAL website, Policies and Terms of Use at any time.

Each time you use the COMAL website, you should visit and review the then current Policies and Terms of Use that apply to your transactions and use of this site. If you are dissatisfied with the COMAL website, its content or Policies and Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the COMAL website.

Disclaimers and limitations of liability

Our website and contents are provided on an "as is" and "as available" basis and make no warranty or representation regarding any Product, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, which are hereby expressly disclaimed, unless otherwise stated herein. No oral advice or written information given by COMAL or its Representatives shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. Under no circumstances shall COMAL or its Representatives be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the COMAL website, including but not limited to reliance by you on any information obtained from the COMAL website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of COMAL has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the COMAL website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Errors on our website

All website content, including but not limited to prices, Product data and images, and Product availability are subject to change without notice. We make no warranty or guarantee that the information on our website is error-free, complete, or current. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the method of original payment. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.

COMAL partners with several affiliate companies who display our products and prices on their web sites. This information is maintained through a data feed we provide which has the most current product images, descriptions, and prices. Although we make every effort to ensure the information displayed is the most accurate, we do not own or control these web sites and therefore cannot be held responsible for erroneous or outdated product listings. Please notify Customer Serviceand we will do our best to have the information corrected.

Pricing Policies

Online prices, offers and selection may vary and are subject to change without notice. In the event in which an item has had a substantial price increase, we will attempt to contact you via email or phone to request your approval of the additional charges. The item will not be shipped and you will not be invoiced until these charges are accepted. Failure to accept these charges or respond to our attempts to contact you may result in order cancellation; however, we reserve the right to cancel any order you place with us without giving any reason.

Sales Tax Policy

COMAL currently collects and remits sales tax in the State of Texas as required by law. If you claim tax-exempt status, please contact Customer Service for information on obtaining the proper State of Texas tax exemption form. This form must be in our possession, signed and properly filled by an authorized representative of your business, before taxes will be removed from any order.

COMAL does not collect sales tax from customers whose orders ship from our warehouses to destinations outside of the State of Texas.

Current pending federal and state legislation governing the taxing of goods sold over the internet may change how our Sales Tax Policy affects you. We will always make every effort to keep our policy updated as often as possible during this time.

Payment Policies

We currently accept payments made with all major credit cards issued in the United States of America (Visa®, MasterCard®, American Express®, business or personal check, or bank wire transfer. Payment by check or wire transfer cannot be made online. Please contact Customer Service for assistance.

Generally, credit and debit cards are not charged until your order is shipped. However, all credit card payments are pre-authorized in the amount of your order with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. For special order items, your credit card will be charged when your order is sent to the manufacturer for processing.

Orders in which the payment is made by check, bank wire transfer, will not be shipped until funds have cleared your financial institution. Product will not be held or reserved for you during this waiting period. COMAL will not be responsible for any direct, indirect, incidental, special or consequential damages and/or expenses resulting from delays caused by this waiting period.

Validating Your Order

Information you provide to us when placing your order, such as billing/shipping address and phone number(s) will be used to verify your payment. Incorrect information will result in a delay in processing and may impact the final shipping date of your order. We will attempt to contact you using the email address and/or phone number you provided with the order to request additional information that we may require to verify your payment. COMAL will not be responsible for any direct, indirect, incidental, special or consequential damages and/or expenses resulting from this delay.

Orders in which sufficient information cannot be verified may be cancelled; however, we reserve the right to cancel any order you place with us without giving any reason. If we cancel your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we cancel an order, but we will process a refund if the charge has been made against your card.

Order Acceptance and Limitations

Online orders are received the next business day after they are placed, and take 1 day for processing before shipment. Although we try to ship express orders out the day we receive them, we will not guarantee the actual ship date. Please plan accordingly if you require express shipping, or contact Customer Service for assistance.

Your receipt of an order confirmation, whether electronic or other form, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e- mail address you provided when you placed the order. COMAL reserves the right to limit or prohibit sales to resellers.

Termination of Use

COMAL may, in its sole discretion, terminate your account or your use of the COMAL website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. COMAL reserves the right to change, suspend, or discontinue any or all aspects of the COMAL website at any time without prior notice.

Proprietary Rights

The COMAL logos and trademarks, as well as other marks, trade names, trademarks and logos on the site are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the express written consent of the trademark owner.

All content on the COMAL website, including text, data, information, images, photographs, graphics, charts, video, illustrations, sound, and software (collectively referred to as "Content") is protected by copyright, trademark, or other proprietary rights or licenses. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and COMAL owns, to the fullest extent allowed by such law, the copyright in the selection, arrangement, coordination, and enhancement of the Content.

Users of this website may use the Content on this site as a shopping resource. Except as expressly authorized or licensed, you may not copy, modify, remove, add to, publish, transmit, link to graphics, use for display or performance, participate in the transfer, sale, lease, or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

Shipping Policy

COMAL puts forth great effort to ensure that all orders are shipped in a timely manner and at a reasonable cost. However, we will not guarantee the delivery date of any order. All orders placed on this site are subject to product availability and will be shipped according to our shipping policies.

Shipping Destinations

COMAL currently ships worldwide to any street address. Orders cannot be delivered to PO Boxes.

Some rural and/or military sites may not be accessible to our shippers. In these cases, we will attempt to notify you and help arrange for you to pick up the order at the shipper's main terminal.

All international orders require approval of a freight quote to be provided via email before shipment.

International orders require additional validation in order to be processed, including but not limited to verification of billing/shipping addresses, phone number, and email address. To ensure your order is processed and shipped in a timely manner, please provide the most accurate information.

Each order may only have one "ship to" address. If you require multiple "ship to" addresses, please order separately for each address.

Shipping Locations

Most orders ship from one of our distribution centers located in Texas. Shipping charges are automatically calculated using one of these distribution centers as the point of origin.

Shipping Methods and Charges

COMAL ships orders to both commercial addresses and residential addresses. Commercial addresses are defined as business addresses situated on commercially zoned real estate, as determined by the freight carrier. Residential addresses include homes, apartments, condominiums, and other dwellings designated by the carrier as a residential address. Deliveries to residential addresses may incur additional fees. Businesses operated from a house, apartment, or other dwelling are not considered commercial addresses and will be charged any applicable residential delivery fees.

Most orders are shipped via Parcel Carrier. The shipping charges are automatically calculated online based on both the weight and dimensions of the carton in which your order will be shipped. In order to give you the best possible rate, we will contact you with a quote of the shipping charges for items that do not qualify for Free Shipping using the email address you provided with your order. You will not be charged for this order until you have accepted the shipping quote we have provided. Failure to accept these charges or respond to our attempts to contact you may result in order cancellation.

Some oversized or heavy items requiring special handling may be placed on a wooden pallet and shipped via common carrier (truck freight). Common carrier shipments are delivered curbside, that is, at the end of the driveway or along the street curb. Commercial addresses with loading docks will have the delivery made at the dock. Common carrier shipments require a signature at the time of delivery.

IMPORTANT: You will need to be sure that you have sufficient and proper equipment and personnel to unload products delivered via common carrier, as their drivers are not required to provide assistance in unloading your order. If you require methods and/or services not specified above, including but not limited to inside delivery, liftgate delivery, set-up & assembly, upstairs/high-rise delivery, delivery notification, residential delivery, or date specific delivery, you must contact us for a price quote on the desired additional service(s). The charges for these additional services will be in addition to any shipping charges

Your credit card will not be billed without your approval. If we determine that additional charges are necessary (for example, residential delivery) that you have not approved, your order will not ship and we will attempt to contact you using the email address and phone number you provided with the order.

COMAL ship orders C.O.D.

Split Shipments and Backorders

COMAL will attempt to ship all orders complete from one location in the fewest number of shipping cartons required.

On rare occasions there may be an item on backorder or still in-transit to our warehouse from the manufacturer. We will attempt to contact you by phone to explain the situation and offer solutions.

Because we try to use as much of our warehouse space as possible to carry inventory, we are not able to hold items on partial orders for a single delivery. We also cannot hold paid merchandise for extended periods of time.

Delivery Time

Orders Damaged in Shipping

While every effort is made in packing and correctly filling your order, occasions will arise where a package is lost or damaged in transit. To insure your order is received complete and undamaged, we recommend the following order check-in procedure:

1. Inspect the entire shipment for visible damage prior to accepting the shipment, and note any damage on the delivery ticket/bill of lading before the delivery person leaves. For packages left at your doorstep, inspect the exterior of the carton(s) and note any large dents or tears on your packing slip (invoice).

2. Verify the number of packages delivered with the packing slip provided by COMAL.

3. Unpack your order immediately and inspect for hidden or concealed damage, even if you don't plan on using the item right away.

4. Should any damage be discovered, retain the shipping carton and any inner packaging, request inspection immediately from the carrier as well as make a written request to the carrier. Hidden or concealed damage must be reported and an inspection requested within 5 days of delivery. Then contact COMAL Restaurant Supplies Customer Service 713 269-3181 to inform us of the situation. Please have your order number, shipping information and tracking number ready to assist us in this process.

COMAL Restaurant Supplies is not responsible for damaged items accepted and signed for at the time of delivery. COMAL will arrange for return shipping to our distribution center for an item that was sent to you in error, received defective, or damaged in shipping (assuming the criteria for the order check-in procedure outlined above has been reasonably met).

Cancelling an Order

If you need to cancel an order, please contact us during our normal business hours as soon as possible, preferably by phone for fastest action. If the order has not shipped, we will stop the order and cancel or refund any charges we have posted for the order.

You will be responsible for round trip shipping costs on any order that has been shipped prior to cancellation, that is refused at time of delivery, or is shipped in good faith but returned to us due to incorrect or incomplete shipping information.

If you need to return an item to us, please read our Return Policy for more information.

Special Orders

Any Product that we do not stock in our warehouses is considered a "special order" item. Some Products on our website that are special order items will be designated as such in the item description.

Upon receiving your order for a special order product, we will process and send the order to the factory for manufacturing (if required) and shipping. Special order items will be shipped at the earliest possible date, COMAL does not guarantee the timely delivery of any item. For special order items not currently on our website, there is a minimum order manufacturer's minimum order.

For information about returning a special order, please see our Return Policy.

Return Policy

If you're not completely satisfied with an online purchase, COMAL will gladly refund or exchange the product within 30 days of the ship date, less shipping charges, except as noted below.

Requirements

For any exchange or return, we need the original invoice or a record of the purchase in our system, and the product must be in its original condition, including the box, UPC bar code, packaging, and all accessories.

A Return Authorization (RA) number must be obtained from Customer Service via phone or email prior to return. Merchandise shipped to us without a Return Authorization number will be assessed a 20% restocking fee to be deducted from any refund amount.

No items that have been used, custom manufactured or made to order may be returned.

Non-defective products returned for exchange or refund are subject to a 20% restocking fee if returned opened or in a non-factory sealed box. Products returned in new and unopened condition will receive a full refund, less shipping charges.

Shipping Costs

Round trip shipping charges will be the responsibility of the customer on orders that are shipped by COMAL in good faith and are returned to us due to incorrect shipping information.

Charges related to shipping, delivery and/or installation are nonrefundable after the services have been performed.

All shipping and insurance costs of the original order, the returned item(s), and any exchanged item(s), are the responsibility of the customer, in all cases except where COMAL committed a shipping or order error. If you choose not to insure your package, and we do not accept return of the Product, you will be responsible for any loss or damage. In cases where a product is claimed to be defective or has been shipped in error, COMAL will arrange for return shipping. Contact Customer Service for assistance.

Shipping charges will be deducted from any credited amount on any item that COMAL has paid for return shipping because of a defective product claim which upon receipt is determined to be nondefective and in proper working order.

Special Orders

Custom-manufactured special order items are not returnable.

Refunds

Upon our acceptance of the merchandise in conformity with our return policy requirements, the purchase price will be refunded (less restocking fees if applicable) using the method of original payment.

Note that credit card refunds will only be issued to the original card that was charged for the purchase.

Allow 14 days (not including delivery time for mailed refunds) from when we accept your returned Product for the processing of your credit. Individual bank policies will dictate when this amount is actually credited to your account.

Fees and Additional Charges

Non-defective products returned for exchange or refund are subject to a 20% restocking fee if returned opened or in a non-factory sealed box. Products returned in new and unopened condition will receive a full refund, less shipping charges.

Additional charges may be assessed for Products returned with any missing or broken items such as manuals and/or accessories. For Product that we verify to be defective, we will reimburse you for your original shipping expense on the Product that you return for a refund. For products determined not to be defective or having been used in a manner against the manufacturer's recommendations or outside of normal use, no credit will be issued, and the item may be returned to you at your cost.

Orders Damaged in Shipping

While every effort is made in packing and correctly filling your order, occasions will arise where a package is lost or damaged in transit. To insure your order is received complete and undamaged, we recommend the following order check-in procedure:

1. Inspect the entire shipment for visible damage prior to accepting the shipment, and note any damage on the delivery ticket/bill of lading before the delivery person leaves. For packages left at your doorstep, inspect the exterior of the carton(s) and note any large dents or tears on your packing slip (invoice).

2. Verify the number of packages delivered with the packing slip provided by COMAL.

3. Unpack your order immediately and inspect for hidden or concealed damage, even if you don't plan on using the item right away.

4. Should any damage be discovered, retain the shipping carton and any inner packaging, request inspection immediately from the carrier as well as make a written request to the carrier. Hidden or concealed damage must be reported and an inspection requested within 5 days of delivery. Then contact COMAL Restaurant Supplies Customer Service 713 269-3181 to inform us of the situation. Please have your order number, shipping information and tracking number ready to assist us in this process.

COMAL Restaurant Supplies is not responsible for damaged items accepted and signed for at the time of delivery. COMAL will arrange for return shipping to our distribution center for an item that was sent to you in error, received defective, or damaged in shipping (assuming the criteria for the order check-in procedure outlined above has been reasonably met).

Privacy Policy

COMAL takes online privacy and security concerns very seriously. To enhance your shopping experience with us, we will need to collect and use some information from you when you use our site.

This Privacy Policy explains how we use and do not use this information and the steps we take to protect it. We encourage you to review this page periodically to be informed of how we are protecting your information. By visiting comal.com, you are accepting the practices described in this Privacy Policy.

Information Collection and Use

COMAL is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. COMAL collects information from our users at several different points on our website.

Registration

COMAL allows customers that use this website to create an account registration that requires the completion of our registration form. During registration a user is required to give their contact information (such as but not limited to: name, email address, bill-to and ship-to address). This information is used to add a personalized experience to this website and to offer our customers ease of use during the order process. All information pertaining to our customers is stored in a secure database and non-accessible by third parties. All contact information may be changed at anytime via our customer account interface. On occasion we may contact our users about the services on our site for which they have expressed interest.

Sharing

We share aggregated demographic information with our partners and advertisers.

We use an outside shipping company to ship orders and a credit card processing company to bill users for purchased goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

Supplementation of Information

Notification of Changes

If we decide to change our privacy policy, we will post those changes on our homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.