Terms and Conditions
Last revised: November 5, 2025
These Terms and Conditions ("Terms") are between you and El Ranchito, a South Carolina limited liability company ("Restaurant", "we", "us"). The Services are provided with technology from FiestaOS, Inc. ("FiestaOS"). By using our online ordering and mobile messaging services (the "Services"), you accept and agree to these Terms.
Governing Law & Venue
These Terms are governed by the laws of the State of South Carolina, excluding conflicts of law rules. Any disputes will be resolved in the state or federal courts located in South Carolina.
SMS Mobile Message Management Program
User Agreement to Receive Text Messages
By providing your mobile phone number, you agree to receive recurring automated transactional and promotional text messages from El Ranchito about orders, offers, and updates. Consent is not required to make a purchase. Message frequency varies. Message and data rates may apply. These messages will include order confirmations, status updates, special offers, and other promotional content.
Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we use and share your information with FiestaOS and Stripe to process payments and provide SMS services.
User Opt Out
You may opt out of receiving promotional messages at any time by:
- Replying STOP to any text message
- Emailing info@el-ranchito.fiesta.site with your request
- Updating your preferences when placing an order
You may continue to receive SMS messages while we process your request, and you may receive a confirmation message. You will still receive transactional messages related to active orders even after opting out of promotional messages.
Duty to Notify
If at any time you intend to stop using the mobile telephone number that you provided, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.
Support Instructions
For support regarding SMS messages:
- Text HELP to the number you received messages from
- Email info@el-ranchito.fiesta.site
- Call any of our locations (see contact information below)
Online Ordering Terms
Order Placement and Acceptance
When you place an order through our website, you are making an offer to purchase the items in your order. We reserve the right to accept or decline your order for any reason. All orders are subject to availability and confirmation of the order price. By placing an order, you agree to pay the prices listed, including any applicable taxes, service fees, and tips.
Payment Terms
Payments are processed securely through Stripe. You agree to provide current, complete, and accurate payment information.
Service Fee: A 5% service fee is charged by FiestaOS to support platform operations and payment processing. This fee applies to all orders regardless of payment method, is displayed before checkout, and may be subject to sales tax. Your order total includes: menu items, applicable taxes, service fee, and any tip you choose to add.
Cancellation Policy
Orders may be canceled until food preparation begins (typically within 5 minutes of order placement). After preparation begins, cancellations cannot be guaranteed. For accidental or duplicate orders, contact us immediately at info@el-ranchito.fiesta.site or by phone (see contact information below). We will make reasonable efforts to accommodate cancellation requests, but cannot guarantee refunds once ingredients have been used or food has been prepared.
Refund Policy
We stand behind the quality of our food. If you receive incorrect items, missing items, or have quality concerns with your order, please contact us at info@el-ranchito.fiesta.site or by phone (see contact information below). Refunds for valid issues will be processed to your original payment method within 5-7 business days.
Pickup Service
All orders are for pickup only. We do not currently offer delivery service. You will receive order updates via email or SMS when your order is ready for pickup. Please bring your order confirmation when picking up your order.
Food Allergies and Dietary Restrictions
Please inform our staff of any food allergies or dietary restrictions when placing your order or picking up. While we make every effort to accommodate special requests, we cannot guarantee that our food is free from allergens. Menu items may contain common allergens including dairy, eggs, wheat, soy, peanuts, tree nuts, fish, and shellfish.
General Terms
Age Restriction
You must be at least thirteen (13) years of age to use our Services. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent's or legal guardian's permission to use our Services.
Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We and FiestaOS do not warrant that the Services will be uninterrupted, error-free, or secure. We are not responsible for delays or failures in the receipt of orders or messages, or for issues arising from your wireless service provider or internet connection.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND FIESTAOS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
Our aggregate liability for all claims related to the Services will not exceed the greater of $100 or the total amounts you paid for orders in the 12 months before the claim arose.
Force Majeure
Neither party is liable for delays or failures to perform due to events beyond reasonable control, including acts of God, natural disasters, strikes, supply chain disruptions, government actions, or telecommunications failures.
Dispute Resolution & Arbitration
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision will be final and binding.
Class Action Waiver: You and we each waive any right to participate in a class action, class-wide arbitration, or representative action. All disputes must be brought on an individual basis only.
Small Claims Court: Either party may bring an individual action in small claims court as an alternative to arbitration.
Opt-Out: You may opt out of this arbitration agreement by emailing info@el-ranchito.fiesta.site within 30 days of first using the Services with the subject "Arbitration Opt-Out" and your name and contact information.
Changes to Terms
We may update these Terms from time to time. We will post the effective date of changes at the top of this page. For material changes, we will provide notice via email, SMS, or in-app notification at least 30 days before the effective date. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.
Contact Information
If you have questions or concerns about these Terms, please contact us:
Bronx, NY
(555) 555-5555
info@el-ranchito.fiesta.site