Terms For Online Sales

Last Modified: December 10, 2024

Farmer Boys® Terms and Conditions for the Online Sale of Goods and Services

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE EACH PARTY TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR OUR MOBILE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 16 YEARS OF AGE OR (ii) OF LEGAL AGE AND SUFFICIENT MENTAL CAPACITY TO FORM A BINDING CONTRACT WITH FARMER BOYS FRANCHISING CO., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services that may include delivery (collectively, “online services”) through www.farmerboys.com or the VIF mobile app (collectively, the "Site"). These Terms are subject to change by Farmer Boys Franchising Co., a California corporation (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through the Site. Your continued use of the Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site, which you should review carefully. You should also carefully review our Privacy Policy before placing an order for online services through this Site (see Section 9). The Website Terms of Use (viewable at https://www.farmerboys.com/legal/terms) and our Privacy Policy are hereby incorporated by reference.

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all online services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after you receive a confirmation email with your order number and details of the items you have ordered.
   
   
3. Price and Payment Terms.
   
   
1. Prices posted on this Site may be different from prices offered by us at our locations or on other platforms. Certain offers and pricing may not be available for all orders at all locations. Item prices may be different if you switch locations or change how you’re getting your order. Updated order totals can result from the unavailability of certain products, changes in price, or other reasons. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for delivery. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   
   
2. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
   
   
3. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept all major credit and debit cards as payment for purchases made on the Site. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including delivery charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
   
   
4. Returns and Refunds. Due to health and safety hazards, we cannot accept returns of items that you order though the Site. In the event that you are dissatisfied with your experience we may refund you, provide you with a free item, or offer to remake your item. Refunds are processed within 10 business days of approval. Your refund will be credited back to the same payment method used to make the original purchase on the Site. To contact us regarding your consumer rights:
   
   
1. For orders placed through the Site or the VIF mobile app: locate your order confirmation email and follow the instructions for contacting our guest relations team at the bottom of the email.
   
   
2. For orders placed through third-party platforms: please follow the customer service steps of your chosen third-party platform to address concerns with your order.
   
   Cancelling an order after it is placed is not always possible. You acknowledge and agree it is your responsibility to review your order, location, pickup or delivery preferences and order timing carefully prior to submitting an order.
   
   
5. Delivery Program Terms. In certain geographical areas, you can place a delivery order via the VIF mobile app or the Site (“delivery” or “delivery program”). These delivery program terms apply only if you participate in the delivery program. Please read this section before placing any delivery orders. This section does not apply to orders placed for delivery on third party platforms such as (but not limited to) UberEats, DoorDash, Gruhub, and ezCater (collectively “third-party platforms”).
   
   
1. Placing orders for delivery. The purpose of the delivery program is to provide customers with a convenient way to place an order for online services through the Site. To participate in the delivery program, you will need to enter your address, name, and phone number, and we will share the information you enter with the delivery provider assigned to your order, and your personal information will be subject to our Privacy Policy and/or the delivery provider’s privacy policy, if applicable. You will not be able to choose the restaurant or the delivery provider, as each will be pre-determined for you based on a number of different factors, including the delivery address. Please note that delivery may not be available in all geographic areas.
   
   
2. Eligibility and Enrollment. You may register an online services account in order to use delivery, but doing so is not required. You may also choose to interact with us as a guest.
   
   
3. Registering your payment method. For payment cards that you choose register to use with the online services, we use third-party payment services providers to securely store your payment card information and process your payments to restaurants and delivery providers. You understand and agree that, when you register a payment card, Farmer Boys or its third-party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value temporary charge. You also understand and agree that when you use the delivery program to make a purchase from a restaurant, that restaurant will be the merchant of record. You do not make your purchase until you select ‘Place Order’, and your payment method will be charged upon selecting ‘Place Order’. You own the products after they have been delivered to you by the delivery provider.
   
   
4. Delivery provider responsibilities. We use selected third-party delivery providers for the delivery program. You acknowledge and agree that the delivery provider is responsible for collecting the delivery order and providing the delivery services and we will not be liable for any delays in delivery.
   
   
5. Delivery Pricing. Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Delivery orders are subject to fees such as (but not limited to) delivery fees, service fees (calculated from pre-discounted subtotal), small order fees, and sales tax.
   
   
6. Cancelling your delivery order, refunds and your consumer rights. You have the ability to update or abandon your order at any time prior to selecting ‘Place Order’. If you would like to attempt to cancel your order after placing your order or you would like to seek a refund for any reason, or if you have any other questions about your order, please contact the Farmer Boys guest relations team by following instructions at the bottom of your order confirmation email.
   
   
7. Earning and redeeming VIF rewards on delivery orders. You can earn points and redeem rewards on eligible delivery orders if you join the VIF Loyalty Club. The following are not considered qualifying purchases for delivery orders and will not accrue points: sales tax, discounts, delivery fee, service fee, small order fee, delivery tip, or any orders placed through third-party platforms (whether for delivery or pickup).
   
   
These delivery program terms are in addition to, and not in lieu of, the rest of the terms and conditions in these Terms. For delivery program orders only, in the event of a conflict between the rest of these Terms and this section, the terms of this section shall apply.


6. Warranty Disclaimers. ALL ONLINE SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
   
   SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
   
   YOU AFFIRM THAT WE SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY SUCH BREACH OF WARRANTY CLAIMS.
   
   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
   
   
7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
   
   OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE ONLINE SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
   
   THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
   
   
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery and consumption in locations within the US.
   
   
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, viewable at www.farmerboys.com/legal/privacy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
   
   
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
    
    
11. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
    
    Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of Riverside. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The above courts shall have sole and exclusive jurisdiction, and shall be the sole and exclusive venue for any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website.
    
    
12. Disputes; Class Action Waiver.
    
    
1. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY ON AN INDIVIDUAL BASIS.
   
   
2. You may elect to pursue your claim in small-claims court if you provide us with written notice of your intention to do so within 60 days of your purchase. The small-claims court proceeding will be limited solely to your individual dispute or controversy.
   
   
3. You agree to resolve all claims on an individual basis. In any dispute, NEITHER YOU NOR FARMER BOYS FRANCHISING CO. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
   
   
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
    
    
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by an authorized representative of Farmer Boys Franchising Co.
    
    
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
    
    
16. Notices.
    
    
1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
   
   
2. To Us. To give us notice under these Terms, you must contact us as follows: (i) via email to guestrelations@farmerboys.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Farmer Boys Attn: Guest Relations, 3452 University Ave., Riverside CA 92501. We may update the email or address for notices to us by posting a notice on the Site.
   
   
17. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
    
    
18. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.