Terms and Conditions

In General
Kerns Farms Corp dba Mangalitsa Estates (“mangalitsaestates.com”) owns and operate this Website.  This document governs your relationship with mangalitsaestates.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by mangalitsaestates.com. Mangalitsaestates.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at www.mangalitsaestates.com/privacy-policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and mangalitsaestates.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of mangalitsaestates.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by mangalitsaestates.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Shipment times may vary according to availability and subject to any delays resulting from delivery service delays or force majeure for which we will not be responsible. 

In order to purchase with mangalitsaestates.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or use PayPal. Mangalitsaestates.com retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or PayPal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract 
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods or services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.  However, it should be noted, shipping costs are dependent upon the shipping method selected, and in some instances shipping ground will not get the product to you in time before it spoils.  We reserve the right to place the order on hold, contact you to discuss shipping options, and request additional funds to get the product to you in time before it spoils.  We do this so the products you order remain in good quality, as no one wants to receive spoiled product.

(c) Payment 
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Please note some prices are listed on a per pound basis until added to your cart.  To expedite shipping, we require an auto estimate of the maximum size of the cut of pork to your shopping cart, initially authorize and charge that amount, and upon shipping we will refund the difference of the actual weight.

(d) Return Policy 
All products are non-returnable and non-refundable. Please see section E - Delivery below for further refund policy regarding shipping method selected and holidays.

(e) Delivery
We will not be liable for any failure to perform or delay in performance of any of our obligations under a contract with you that is caused by events outside our reasonable control. We will use our reasonable endeavors to notify you if such an event occurs.

We ship Monday through Tuesday, and the cut off for shipment is 12 pm CST for ground and economy shipping.  Depending on your region and estimated shipping days to get from our farm to your destination, economy shipping orders might need the full four days and can only ship on Mondays. Further, shipping holidays can delay shipment. Because of the perishable nature, we will hold shipment until there is a straight four day shipping window that product can arrive (e.g. Monday shipment and Friday arrival = 4 days in shipment). For instance, weeks with Thanksgiving, New Years, Christmas, etc. will wait until the next full shipping week. Additionally, if we have had experience with certain weeks to have delayed shipment (e.g. following Black Friday and Cyber Monday) due to increased load on carriers, then out of abundance of caution to keep your food healthy, we will also hold until a full regular week is expected. Refunds can not be made due to these reasonable delays if you choose ground or economy shipping methods. We can ship on Wednesday - Friday for expedited shipping services (Next Day Air and Second Day Air). Since we are a small farm, sometimes we do not always have the products you ordered in hand.  In such cases, your order will be placed on hold  until we can ship the entire order once we have more pigs harvested.

We will do our best to package the meat to arrive in a cold state, however shipping conditions and delays are beyond our control. If you prefer the meat to arrive in a frozen state, we advise you select expedited shipping service such as Next Day Air and do not guarantee product to arrive in a frozen state with economy, ground, or 3-day select shipping methods.

(f) Risk and Title
Due to the fact of many variables in shipping, product is at your own risk if not picked up by the consumer at our location.  Upon delivery, all products should be handled and cooked within USDA suggested guidelines.

Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law mangalitsaestates.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect mangalitsaestates.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

To keep orders fulfilled in a timely manner, rather than waiting for out of stock items to come back into stock, by agreeing to the terms and conditions you authorize us to ship cuts that are similar in nature or muscles ordered. If you would like the specific ordered cuts, please email us immediately after your order to specify no substitutions allowed. If no email is received prior to the order being shipped, by agreement to this terms and conditions, substitutions do not allow for grounds of cancellation, re-shipping, chargeback, or return.

Linking to this Website
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with mangalitsaestates.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to mangalitsaestates.com.

Indemnity
You agree to indemnify, defend and hold harmless mangalitsaestates.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation
Mangalitsaestates.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products or Services and/or any page of this Website.

Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and mangalitsaestates.com. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the owners of mangalitsaestates.com.