TERMS OF USE

All references herein to "A-Tex", "A-Tex Restaurant Supply", "we", "us", and "our" refer to A-Tex Restaurant Supply, Inc. 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 A-Tex Restaurant Supply's website at www.atexrestaurantsupply.com. These terms may not apply to purchases made at A-Tex Restaurant Supply retail locations or in any other manner not utilizing the atexrestaurantsupply.com website.

By using the A-Tex 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 the A-Tex website.

We reserve the right to make changes to the A-Tex website, Policies, and Terms of Use at any time. Each time you use the A-Tex website, you should visit and review the then-current Policies and Terms of Use that apply to your transaction and use of this site. If you are dissatisfied with the A-Tex website, its content, or Policies and Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the A-Tex 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 A-Tex or its Representatives shall create a warranty. Under no circumstances shall A-Tex or its Representatives be liable for any direct, indirect, incidental, special, loss of revenue or business, or any & all consequential damages that result from your use of or inability to use the A-Tex website, including but not limited to reliance by you on any information or any product ordered/purchased/obtained from the A-Tex website that results in mistakes, omissions, interruptions, deletion, or corruption of files, viruses, delays in operation or transmission, or any failure of performance of website or products. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of A-Tex 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 A-Tex website.

 

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.

A-Tex partners with several affiliate companies who supply our Products and pricing through various databases. This information is maintained through a data feed that 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 databases and therefore, cannot be held responsible for erroneous or outdated Product listings. Please notify Customer Service and we will do our best to have the information corrected.

 

Pricing Policies

Online prices, offers, and selection may vary from our retail stores and are subject to change without notice. In the event in which a Product 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 Product 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

A-Tex 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 or visit one of our retail stores for information on obtaining the proper State of Texas tax exemption form. This form must be in our possession, signed, and properly filed by an authorized representative of your business, before taxes will be removed from any order.

A-Tex does not collect sales tax from customers whose orders ship from our warehouses to destinations outside of the State of Texas. In cases where an order is to be shipped directly from a manufacturer to a customer in a state where that manufacturer has nexus (a taxable presence), A-Tex must collect all applicable taxes from that customer prior to shipment.

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 with all major credit cards issued in the United States of America.

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 our 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.

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. A-Tex 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 canceled; 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 you have given us with the order. Your credit or debit 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 24-72 hours 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 forms, 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. A-Tex reserves the right to limit or prohibit sales to resellers.

 

Termination of Use

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

 

Proprietary Rights

The A-Tex 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 A-Tex 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 A-Tex 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.

 

Privacy Policy

A-Tex 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 atexrestaurantsupply.com, you are accepting the practices described in this Privacy Policy.

Information Collection and Use

A-Tex 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. A-Tex collects information from our users at several different points on our website.

 

Registration

A-Tex allows customers that use this website to create an account 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. Any information pertaining to our customers is stored in a secure database and non-accessible by third parties. All contact information may be changed at any time via our customer account interface. On occasion, we may contact our users about the services on our site for which they have expressed interest.

 

Cookies

A cookie is a piece of data stored in the user's web browser containing information about the user. When the user visits a website for the first time, a cookie is created; during subsequent visits, the user's web browser sends the cookie back to the server to notify it of browsing activity or user authentication. For instance, by using a cookie, the user would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Cookies must be enabled on your browser to enable online shopping with A-Tex Restaurant Supply. We have no access to or control over cookies stored in the user's web browser, and their use is in no way linked to any personally identifiable information while on our site.

 

Log Files

We use information stored in server log files, such as IP addresses, page requests, and web browsers to analyze trends, administer the site, and gather broad demographic information for aggregate use. Logfile data is not linked to any personally identifiable information.

 

Sharing

We do not share or sell aggregated demographic information with outside vendors or businesses.

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.

We may partner with another party to provide specific services. When the user signs up for these services, we will share names or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

 

Links

If our website contains links to other sites. Please be aware that we at A-Tex Restaurant Supply are not responsible for the privacy practices of such other sites. We encourage our users to be aware of this when they leave our site and to read the privacy statements of each website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.

Security
 

We take every precaution to protect our users' information. When users submit sensitive information via the website, this information is protected both online and offline.

Our website uses Always-On HTTPS, which means that all of your browsing, shopping, and account activity is encrypted from the second you first visit our website, not just on the checkout and payment screens. This technology creates a private, secure connection between our servers and your computer using a unique "session key" which only these two systems can decrypt during the session.

While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information offline. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, a billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected interfaces to gain access to your information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies, are added, our employees are notified and/or reminded about the importance we place on the privacy of our customers' information and what they can do to ensure our customers' information is protected at all times.

Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a series of multifactor security authentication mechanisms.

If you have any questions about the security on our website, you can send an email to atexinfo@atexrestaurantsupply.com.

 

Correcting/Updating Personal Information:

If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the member information page or by contacting Customer Service.

 

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.

Shipping Policy

A-Tex 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

A-Tex currently ships in Texas 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.

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. We may also choose to ship certain Products or orders from other locations.

In some cases, the Product will be shipped directly to a customer from the manufacturer. Freight costs, if any, will be calculated using this manufacturer as the point of origin.

 

Shipping Methods and Charges

A-Tex 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 residential addresses. Deliveries to residential addresses 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.

Orders shipping via UPS or FedEx 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.

 

Some oversized or heavy items requiring special handling may be placed on a wooden pallet and shipped via a 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.

 

A-Tex does not ship orders C.O.D

 

In cases where orders are held at the terminal by the shipper, A-Tex will make every effort to contact you to inform you of the situation and help arrange for you to pick up the order. Orders may be held for reasons including but not limited to the inaccessible destination address, incorrect/insufficient contact/address information, etc. You will be responsible for any storage costs, redelivery charges, or other fees that may result from holding the order at the terminal.

 

Split Shipments and Backorders

A-Tex will attempt to ship all orders complete from one location in the fewest number of shipping cartons required. When it is not possible to ship your entire order from one location, we may elect to split the order and ship from multiple store locations and/or shipping centers.

A-Tex will drop ship equipment and/or supplies directly from our manufacturers to you when the need arises due to an “out of stock” situation, reduced shipping time, etc. Generally, we will attempt to notify you using the email address or phone number you provided when the order was placed. 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. A-Tex does not backorder Products. If an item is not in stock on our website, you will not be able to order it.

 

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

Due to our vast inventory, we are able to ship most orders within 1 business day after receiving them, with approved payment. Products listed as "special orders" will be shipped at the earliest possible date. Your expected delivery date is determined by the date of shipment from our shipping centers and the shipping preference you select.

While we will make every effort to provide your order by the desired date, A-Tex does not guarantee the timely delivery of any item. To avoid disappointment, please allow sufficient time for delivery. All shipments travel during normal business days, which do not include weekends, holidays, and other official days of rest.

 

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 ensure 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.

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

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 A-Tex Restaurant Supply Customer Service at 1-325-224-8888 to inform us of the situation. Please have your order number, shipping information, and tracking number ready to assist us in this process.

A-Tex Restaurant Supply is not responsible for damaged items accepted and signed for at the time of delivery. A-Tex 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).

 

Canceling 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/Custom Orders

Products designated as "Special Order" items are subject to a restocking fee. Please note that special orders are usually processed within 1 business day of placing the order. There is no restocking fee on special orders canceled before processing, but there may be a 20% manufacturer restocking fee on special orders canceled after processing but before shipment. "Special Orders" canceled after shipment are subject to a 30% restocking fee plus the cost of shipping. Custom-manufactured “special order” items are not returnable nor refundable. Custom orders may require approval of drawings. Please allow sufficient time for this process when planning.

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. While we make every effort to ensure you receive your order by the soonest possible date, A-Tex does not guarantee the timely delivery of any item.

For special order items not currently on our website, there is a minimum order of $300 or the manufacturer's minimum order, whichever is higher, not including shipping and any applicable taxes or fees.

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

Return Policy

Requirements

For any exchange or return within 5 business days, 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 30% 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 10% 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 A-Tex 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 or the original order, the returned item(s), and any exchanged item(s), are the responsibility of the customer, in all cases except where A-Tex committed a shipping or order error. In cases where a Product is claimed to be defective or has been shipped in error, A-Tex will arrange for return shipping. Contact Customer Service for assistance within 5 business days. Shipping charges will be deducted from any credited amount on any item that A-Tex has paid for return shipping because of a defective Product claim which upon receipt is determined to be non-defective and in proper working order.

 

In-Store Returns

Any Product purchased online (except special orders) may be returned to the A-Tex retail store location provided that it meets the above requirements. Please be sure to bring the A-Tex invoice, the credit card used to make the online purchase, and a form of personal identification. Please note that the decision to accept or reject your return, offer repair service, assess a restocking fee, and/or refund with store credit is at the sole discretion of the General Manager or anyone designated by the General Manager.

 

Refunds

Upon our acceptance of the merchandise in conformity with our return policy requirements, the purchase price will be refunded (fewer 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 20 business 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 Products 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.