Char Market Terms & Conditions

    Agreement between User and www.charmarketnj.com

    Welcome to www.charmarketnj.com. The www.charmarketnj.com website (the “Site”) is comprised of various web pages operated by Frank Ingrao Inc, Good Fork LLC, and Fast Fork LLC (“Char Market”). www.charmarketnj.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.charmarketnj.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

    www.charmarketnj.com is an E-Commerce Site.

    Char Market is an e-commerce, wine and gourmet food retailer.

    Electronic Communications

    Visiting www.charmarketnj.com or sending emails to Char Market constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

    Shipping/Delivery

    If you would like your purchases delivered or shipped to you we will contract with a third party carrier on your behalf OR a Char Market, Frank Ingrao LLC, Good Fork LLC, Fast Fork LLC (TA: Char Steakhouse) employee to ship; by requesting delivery of your order you authorize us to do so. We are not responsible for any breakage or damage of products by the carrier and you are responsible for all insurance as well as shipping costs in accordance with our shipping policies. We make no representations as to your legal rights to ship or import wine from the state reside or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary license or permits, and paying all tax or other amounts due.

    Your Account

    If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Char Market is not responsible for third party access to your account that results from theft or misappropriation of your account. Char Market and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

    Children Under Thirteen

    Char Market collects personally identifiable information from children under the age of thirteen. Char Market collects this information for the following reason(s): This E-Commerce site will be retailing alcohol, in which we will be require a proof of ID verifying an age of over 21 years to purchase our products. We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 21, you may use www.charmarketnj.com only with permission of a parent or guardian.

    Cancellation/Refund Policy

    Food Products: No returns or exchanges after 48 hours of food product pickup/delivery. No returns or exchanges will be accepted without showing receipt or invoice. We cannot accept empty product packages, if the product is not consumable, please bring it back to Char Market with as much of the contents in-tact as possible for evaluation. Wine Products: No returns after 14 days of wine product pickup/delivery. No returns or exchanges will be accepted without showing receipt or invoice. We cannot accept an empty bottle, if the product is not consumable, please re-cork the bottle and bring it back to Char Market with contents in-tact for evaluation. Any returns attempted after 14 days can be for product or gift card exchange only, up to 30 days after purchase with proof of receipt. ***For all product fulfillment errors, please email info@charmarketnj.com with a detailed description of the error, and someone will respond within 48 hours to arrange replacement of correct item.***

    Links to Third Party Sites/Third Party Services

    www.charmarketnj.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Char Market and Char Market is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Char Market is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Char Market of the site or any association with its operators. Certain services made available via www.charmarketnj.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.charmarketnj.com domain, you hereby acknowledge and consent that Char Market may share such information and data with any third party with whom Char Market has a contractual relationship to provide the requested product, service or functionality on behalf of www.charmarketnj.com users and customers.
    No Unlawful or Prohibited Use/Intellectual Property

    You are granted a non-exclusive, non-transferable, revocable license to access and use www.charmarketnj.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Char Market that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

     

    All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Char Market or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

     

    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Char Market content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Char Market and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Char Market or our licensors except as expressly authorized by these Terms.

    Use of Communication Services

    The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

     

    By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

     

    Char Market has no obligation to monitor the Communication Services. However, Char Market reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Char Market reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

     

    Char Market reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Char Market’s sole discretion.

     

    Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Char Market does not control or endorse the content, messages or information found in any Communication Service and, therefore, Char Market specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Char Market spokespersons, and their views do not necessarily reflect those of Char Market.

     

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

    Materials Provided to www.charmarketnj.com or Posted on Any Char Market Web Page

    Char Market does not claim ownership of the materials you provide to www.charmarketnj.com (including feedback and suggestions) or post, upload, input or submit to any Char Market Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Char Market, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

     

    No compensation will be paid with respect to the use of your Submission, as provided herein. Char Market is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Char Market’s sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

    Third Party Accounts

    You will be able to connect your Char Market account to third party accounts. By connecting your Char Market account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

     

    Force Majeure

     

    Char Market shall be excused from performance under this Terms of Service if Char Market is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Char Market.

    International Users
    The Service is controlled, operated and administered by Char Market from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Char Market Content accessed through www.charmarketnj.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
    Indemnification
    You agree to indemnify, defend and hold harmless Char Market, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Char Market reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Char Market in asserting any available defenses.
    Arbitration
    In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
    Class Action Waiver
    Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Char Market agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    Liability Disclaimer

    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRANK INGRAO INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

     

    FRANK INGRAO INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRANK INGRAO INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

     

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRANK INGRAO INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRANK INGRAO INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

    Termination/Access Restriction

    Char Market reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

     

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Char Market as a result of this agreement or use of the Site. Char Market’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Char Market’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Char Market with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

     

    Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Char Market with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Char Market with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

    Changes to Terms
    Char Market reserves the right, in its sole discretion, to change the Terms under which www.charmarketnj.com is offered. The most current version of the Terms will supersede all previous versions. Char Market encourages you to periodically review the Terms to stay informed of our updates.
    Miscellaneous

    These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Char Market with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises.

    Contact Us

    Char Market welcomes your questions or comments regarding the Terms:

     

    Frank Ingrao Inc / Char Market
    777 Us Hwy 202 N
    Raritan, New Jersey 08869

     

    Email Address:
    info@charmarketnj.com

     

    Telephone number:
    908-707-1777
    732-450-2427

     

    Effective as of December 23, 2020