Terms of service
Terms of Service
Please read these Terms carefully before accessing or using our website or placing an order. By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions.
Overview
This website is operated by Tortilla Familia. Throughout the site, the terms "we," "us," and "our" refer to Tortilla Familia. Tortilla Familia offers this website — including all information, tools, and services available from this site — to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 — Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) in your use of the Service. You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 — Accuracy, Completeness & Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 — Modifications to the Service & Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 — Products & Orders
Certain products or services may be available exclusively online through the website and may have limited quantities. We have made every effort to display our products as accurately as possible; however, we cannot guarantee that your device's display of any color or appearance will be accurate.
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting — we may be unable to accommodate cancellation requests after an order is accepted.
In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. All purchases are subject to our Refund Policy.
All product descriptions and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, or other material purchased by you will meet your expectations.
Section 6 — Prices & Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide 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 all charges incurred at the posted prices, including shipping, handling, and applicable taxes.
Section 7 — Shipping & Delivery
All delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays caused by shipping carriers, weather events, natural disasters, incorrect addresses provided by the customer, customs processing, or any other circumstances outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Tortilla Familia ships fresh, handmade tortillas promptly after preparation. Based on over 100,000 successful shipments, we are confident that tortillas shipped promptly after cooking and delivered within 2–7 business days will arrive in excellent, fully acceptable condition.
Section 8 — Returns & Refunds
All sales are final. Due to the perishable nature of our products, we do not accept returns or exchanges under any circumstances. By completing a purchase, you acknowledge that Tortilla Familia's fresh tortillas are a perishable food product ineligible for return.
Because our products are fresh, perishable food items, we do not issue refunds once an order has been received and opened. Refunds are not available for orders delivered on time and in acceptable condition, orders affected by carrier delays outside our control, customer errors (incorrect address, missed delivery, etc.), or change of mind.
Damaged Packages
Tortilla Familia is not liable for packages that arrive damaged during transit. Damage during shipping is the responsibility of the shipping carrier. If your order arrives visibly damaged, you must: (1) document the damage immediately with photographs upon reception, and (2) contact us promptly at hello@tortillafam.com so we can assist you in opening a carrier claim. While we will make reasonable efforts to assist, Tortilla Familia makes no guarantee that a replacement, credit, or resolution will be issued. Any resolution is subject to the outcome of the carrier's claims process.
Late Deliveries
If your package arrives more than 8 days past the estimated delivery date, you may be eligible to open a claim. Contact us at hello@tortillafam.com with your order number and tracking information. Claims submitted outside of this window or without supporting documentation may not be eligible for review. Opening a claim does not guarantee a refund, replacement, or any other remedy.
Section 9 — Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Tortilla Familia, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. Tortilla Familia's names, logos, product and service names, designs, and slogans are trademarks of Tortilla Familia or its affiliates or licensors. You must not use such marks without our prior written permission. All rights not expressly granted herein are reserved.
Section 10 — Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion.
Section 11 — Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites and will have no liability or responsibility for any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 12 — Relationship with Shopify
Tortilla Familia is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Tortilla Familia. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tortilla Familia, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Tortilla Familia.
Section 13 — Comments, Feedback & Other Submissions
If you send us creative ideas, suggestions, proposals, feedback, reviews, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. We are under no obligation to maintain any Feedback in confidence, pay compensation for any Feedback, or respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You are solely responsible for any Feedback you make and its accuracy.
Section 14 — Personal Information & Privacy
Your submission of personal information through the store is governed by our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify as well as third parties in order to provide services to you. Please review our Privacy Policy for more details.
Section 15 — Errors, Inaccuracies & Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 16 — Prohibited Uses
You may access and use the Services for lawful purposes only. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to impersonate or attempt to impersonate any other person or entity; or (k) to interfere with or circumvent the security features of the Service or any related website.
You also agree not to use any robot, spider, scraping, data gathering and extraction tools, AI tools (such as agentic AI), or automated or manual means to access the Services in an unauthorized manner. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 17 — Agents
This section applies if you use, allow, enable, or cause the deployment of an "Agent" — meaning any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity — to access, use, or interact with any Services.
No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the following requirements. No Agent may access the Services if we have requested that it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
Agents must: (i) identify that the request is from an Agent and disclose the Agent's name in the request's user agent string as "Agent/[agent name]"; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behavior or completing CAPTCHAs; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to block, limit, modify, or control Agent access to the Services.
Section 18 — Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 19 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TORTILLA FAMILIA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 20 — Indemnification
You agree to indemnify, defend, and hold harmless Tortilla Familia, Shopify, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.
Section 21 — Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 22 — SMS/MMS Mobile Messaging Program
Tortilla Familia ("We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and our Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including your agreement to resolve any disputes with us through binding, individual-only arbitration as detailed below.
Opt-In & Program Description
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in through online or application-based enrollment forms. By participating, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from us. Upon opt-in, we will send you an SMS message to confirm your signup. Our messaging service will be used for marketing communications including company updates, events, sales, shopping cart reminders, checkout reminders, and similar communications. Message and data rates may apply. Message frequency varies.
Opt-Out
To cancel the SMS service at any time, text "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to the short code. You will receive a confirmation message and will no longer receive SMS messages from us. Our text message platform may not recognize requests that alter or modify these keyword commands. Any other method of opting out is not a reasonable means of opting out.
Support
For support, text "HELP" to the short code or email us at admin@tortillafam.com. Note that email is not an acceptable method of opting out.
Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times. We will not be liable for any delays or failures in the receipt of any mobile messages. Carriers are not liable for delayed or undelivered mobile messages.
Age Restriction
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent's or legal guardian's permission to participate.
Prohibited Content
You agree not to send any prohibited content over the Platform, including: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content including profanity, obscenity, violence, bigotry, hatred, or discrimination; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where received; any content implicating protected health information under HIPAA or HITECH; or any other content prohibited by applicable law.
Dispute Resolution
Any dispute arising out of or relating to the Program will be determined by binding arbitration in Douglas, Arizona before one arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Tortilla Familia's principal place of business is located. The arbitrator's decision shall be final and binding. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. If for any reason a dispute proceeds in court, the parties hereby waive any right to a jury trial.
Florida Law
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume you are a Florida resident if your shipping address is located in Florida or the area code for your phone number is a Florida area code at the time of opt-in.
Supported Carriers
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Many minor carriers are also supported. If you have questions about your text or data plan, contact your wireless provider.
Section 23 — Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. We may terminate this agreement or your access to the Services at any time without notice in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 24 — Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 25 — Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 26 — Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state laws of the jurisdiction where Tortilla Familia is headquartered, without regard to its conflict of laws rules. You and Tortilla Familia consent to venue and personal jurisdiction in such courts.
Section 27 — Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Section 28 — Contact Information
Questions about the Terms of Service should be sent to us at: