Privacy Policy

Effective Date: 09/12/2025

Brigiotta’s Farmland Produce & Garden Center, Inc. (“Brigiotta’s,” “we,” “our,” or “us”) respects your privacy. This Privacy Policy explains how we collect, use, and protect your information when you visit our website, place orders, or otherwise interact with us. By using our website or services, you agree to the terms of this Privacy Policy.

1. Information We Collect

We may collect the following types of information when you interact with us:

  • Personal Information: such as your name, company name, billing and delivery addresses, email address, phone number, and payment information.

  • Transaction Information: including purchase history, order details, invoice data, and payment methods.

  • Technical Information: such as your IP address, browser type, device type, and site usage data collected through cookies or analytics tools.

2. How We Use Your Information

We use the information we collect to:

  • Process and fulfill your orders.

  • Manage billing, invoicing, and payments, including ACH debits and credit card charges.

  • Provide customer service and account management.

  • Communicate with you about orders, promotions, and updates (where permitted).

  • Improve our website, services, and product offerings.

  • Comply with legal and regulatory obligations.

3. Sharing of Information

We do not sell your personal information. We may share information with:

  • Service Providers (such as payment processors, banks, and IT vendors) to support our operations.

  • Legal Authorities if required by law, regulation, subpoena, or to protect our rights or prevent fraud.

  • Business Transfers in the event of a merger, acquisition, or sale of assets.

4. Data Security

We use reasonable administrative, technical, and physical safeguards to protect your information from unauthorized access, use, or disclosure. While we take steps to secure your data, no system or method of transmission over the internet is 100% secure.

5. Data Retention

We retain personal information as long as necessary to provide services, fulfill orders, comply with legal obligations, resolve disputes, and enforce agreements.

6. Your Choices

  • You may update or correct your personal information by contacting us directly.

  • You may opt out of promotional emails at any time by following the unsubscribe instructions included in those emails or unsubscribe at www.brigiottas.com/unsubscribe

  • If you wish to revoke ACH or stored payment authorizations, you must provide written notice in accordance with our Terms & Conditions.

7. Children’s Privacy

Our services are intended for business and adult use only. We do not knowingly collect personal information from children.

8. Third-Party Links

Our website may contain links to third-party sites. We are not responsible for the privacy practices or content of those sites.

9. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The updated version will be posted at www.Brigiottas.com/terms-conditions with the effective date. Continued use of our services constitutes acceptance of the updated policy.

10. Contact Us

For questions about this Privacy Policy or our data practices, please contact us at:

Brigiotta’s Farmland Produce & Garden Center, Inc.
414 Fairmount Avenue
Jamestown, NY 14701

Phone: 716-483-1916
Online: www.Brigiottas.com/contact-us

Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of and purchases from Brigiotta’s Farmland Produce & Garden Center, Inc. (“Brigiotta’s,” “we,” “our,” or “us”). By accessing our website, creating an account, or placing an order, you (“Customer,” “you,” or “your”) agree to these Terms. If you do not agree, you may not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or using our website, or by purchasing any products or services from Brigiotta’s, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Eligibility

You must be at least 18 years of age to place an order. Wholesale accounts may require business authorization or credit approval from Brigiotta’s.

3. Orders and Availability

  • All orders are subject to acceptance by Brigiotta’s. We reserve the right to refuse or cancel any order at our discretion.

  • Prices, availability, and product descriptions are subject to change without notice.

  • While we strive for accuracy, errors in pricing or product information may occur, and we reserve the right to correct such errors.

4. Payment Authorization and Terms of Sale

  1. Payment Authorization
    Customer authorizes Brigiotta’s to initiate electronic debit entries from the bank account or payment method provided at checkout or on file, in such amounts as are necessary to pay for products or services purchased from Brigiotta’s.

  2. Authority to Provide Payment Method
    By providing payment information, Customer represents and warrants that they are the account holder or an authorized representative of the account holder, with full authority to use the designated payment method and to bind the account holder to these Terms.

  3. Payment Schedule
    Payments will be processed in accordance with the credit terms set forth on the invoices issued by Brigiotta’s. Debits may be initiated at such intervals as are consistent with the invoice terms applicable to Customer.

  4. Revocation of Authorization
    Customer may amend or cancel any stored payment authorization by providing written notice to Brigiotta’s. Revocation will become effective no later than thirty (30) days after Brigiotta’s receipt of such notice.

  5. Customer Responsibilities
    Customer agrees to maintain valid and sufficient funds in the designated account to cover all authorized debits. If a debit is returned unpaid, Customer remains liable for the full amount due, and Brigiotta’s reserves the right to assess service charges, late fees, or other remedies permitted by law.

  6. Returned Payments
    If any debit or charge is returned unpaid, Customer agrees to pay all associated return fees. Brigiotta’s may assess a service charge up to the maximum amount permitted by law.

  7. Collection Costs and Attorney’s Fees
    If Brigiotta’s must pursue collection of unpaid amounts, Customer shall be liable for all reasonable attorney’s fees, court costs, and collection expenses incurred by Brigiotta’s.

  8. Brigiotta’s Rights
    Brigiotta’s may, at its sole discretion, suspend or terminate Customer’s account, cancel pending orders, and/or require alternative payment methods if payments are returned, refused, or otherwise not honored by Customer’s financial institution.

  9. Governing Terms
    All purchases are subject to the credit terms set forth on the invoices issued by Brigiotta’s, as such terms may be amended from time to time.

  10. Jurisdiction
    These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes shall be resolved exclusively in the state or federal courts located in Chautauqua County, New York.

5. Shipping, Delivery & Risk of Loss

  • Deliveries are made within Brigiotta’s designated service areas. Delivery times are estimates and not guaranteed.

  • Risk of loss and title transfer to Customer upon delivery or acceptance of goods.

  • For perishable goods, all claims for shortage, spoilage, or damage must be reported upon delivery. Brigiotta’s is not responsible for spoilage or damage after delivery or acceptance.

6. Returns & Refunds

  • Perishable products (produce, floral, seasonal plants) are non-returnable and non-refundable except in the case of quality claims made upon delivery.

  • Refunds, if approved, will be issued to the original payment method.

7. Product Descriptions & Warranties

  • While Brigiotta’s strives for accuracy, actual products (including produce and floral) may vary in size, weight, and appearance.

  • All products are provided “as is” without warranties of any kind, except as required by law.

  • Except as expressly stated in these Terms, Brigiotta’s disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, after goods have been delivered and accepted.

8. Price & Market Fluctuations

All prices are subject to change without notice based on market conditions. In the event of a discrepancy between posted prices and invoice prices, the invoice price shall govern.

9. Limitation of Liability

To the fullest extent permitted by law, Brigiotta’s shall not be liable for any indirect, incidental, special, or consequential damages (including lost profits), and liability shall in no event exceed the purchase price paid for the product or service at issue.

10. Order Minimums and Delivery Fees

  • A minimum order of $50 is required unless otherwise stated in writing by Brigiotta’s.

  • Orders under $50 will automatically incur a $5 under-minimum service charge.

  • All orders are subject to a $5 delivery fee, which allows Brigiotta’s to keep delivery minimums as low as possible while covering transportation costs.

11. Limitation of Claims

Any claim by Customer arising out of the purchase of goods or services from Brigiotta’s must be brought within one (1) year of the cause of action, regardless of any longer statutory period.

12. Indemnification

Customer agrees to indemnify, defend, and hold harmless Brigiotta’s, its officers, employees, and affiliates from any claims, damages, or expenses arising out of Customer’s misuse of products or violation of these Terms.

13. Intellectual Property

All content on the Brigiotta’s website, including text, images, logos, and design, is the property of Brigiotta’s or its licensors. Customers may not copy, reproduce, or distribute content without prior written consent.

14. Privacy Policy

Your submission of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

15. Force Majeure

Brigiotta’s is not liable for failure or delay in performance due to causes beyond our reasonable control, including weather events, supply chain disruptions, labor disputes, acts of God, or government actions.

16. Severability & Waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of Brigiotta’s to enforce any right or provision shall not constitute a waiver of such right or provision.

17. Electronic Consent

By clicking “I Agree,” checking a consent box, or otherwise electronically accepting these Terms, Customer acknowledges and agrees that such action constitutes a valid electronic signature and is legally binding.

18. Modifications to Terms

Brigiotta’s reserves the right to update or modify these Terms at any time. The revised Terms will be posted on our website with the effective date. Continued use of our website or services constitutes acceptance of the updated Terms.