Terms & Condition, Delivery Information, Privacy Policy, Security & Refund Policy

In 1941, Gus Girves opened the first Brown Derby across from Akron’s Goodyear Tire on East Market Street. After seeing great success, Gus opened a second Brown Derby in 1957 and many more followed. As the years of success passed, the Girves family was able to build a successful business by being innovative, staying current with business practices, and recognizing that the demands and tastes of their customers changed with time.

Privacy

Please review our Privacy Policy to understand our practices regarding privacy.

Electronic Communications

You agree to receive communications from us electronically (via e-mail). You agree that all agreements, notices, disclosures, and other communications, we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

Product Reviews

Unless indicated otherwise, when you post content or submit material on our site, you grant royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant us the right, but not the obligation, to use the name that you submit with such content. You represent and warrant that you own or control all rights to the content you post or submit; that the content is accurate; that use of the content will not violate this policy; and that the content will not cause injury to any person or entity. You agree to indemnify the Girves Brown Derby for any and all claims resulting from content that you submit or post. You agree that the Girves Brown Derby has the right, but not the obligation, to monitor, edit, and/or remove any activity or content. We shall have no responsibility and assume no liability for any content posted by you or anyone else.

Copyright & Trademarks

This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of the Girves Brown Derby and is protected by United States and international copyright laws. All software used on this site is the property of the Girves Brown Derby and is protected by United States and international copyright laws. Third-party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content on the Site. All rights not expressly granted herein are reserved.

Product Descriptions and Prices

We attempt to describe products featured on this site as accurately as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We sincerely apologize for any inconvenience this may cause you.

Copyright Infringement Claims

If you believe that any material or content posted on this site constitutes copyright infringement, please contact us and we will make all efforts to remedy the situation as quickly as possible. (This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.)

Links to Third-Party Sites

This site may contain links to web sites operated and maintained by third parties, over which we have no control. Their Privacy Policy and Terms and Conditions may be different from our Privacy Policy and Terms and Conditions. Be advised that you access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on it.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING AND PURCHASING PRODUCTS FROM THIS SITE, YOU AGREE THAT IN NO EVENT SHALL Girves Brown Derby, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

Delivery Information

At this time Girves Brown Derby does not take delivery food orders over the website. Please contact the restaurant for any delivery inquiries. For gift cards, please allow up to 10 business days for delivery.

Privacy Policy

We respect and are committed to protecting your privacy. We do not sell your personally identifiable information to any 3rd parties. We collect personally identifiable information when you order from our site. This information only pertains to order fulfillment.

Security Policy

Your payment and personal information are being always safe when ordering from our site. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and phone number, so that it cannot be read over the internet.

REFUND / RETURN POLICY

FOR CARRYOUT ORDERS
(WALK IN, CALL IN or ONLINE ORDER/THIRD-PARTY DELIVERY ORDER ONLY)

To provide the best customer satisfaction, we strive to provide the best solution to the issue. This may take the form of replacement, refund, or store credit issued via gift card depending on the situation. Feel free to contact us if you have any questions regarding the Return & Refund Policy by emailing us info@brownderbyusa.com. For immediate response, please call the restaurant location you ordered from, or the third-party delivery service if applicable.

Preparation of your order can begin immediately after your order has been confirmed. We cannot accept cancellations once your order has been confirmed with the restaurant.

Food Order Errors*
If you receive food that is different from your receipt, we sincerely apologize. Please call us or your third-party delivery company as soon as you notice that there was an error in your order. Please note by using a third-party delivery order service or platform, you are subject to their refund/return policy. When dealing directly with us, you may come to pick up the correct food item.

  • For credit card payments, you will be refunded the sales price amount associated with the error and recharged for the new items price.
  • For cash payments, you will be asked to pay the difference of the balance if the new food has a greater value than the food received in error. In the same way, you will receive the difference of the balance back as credit for the new item if less than the food received in error. In some cases, we may offer you a store credit. Your order will be priority if you come to pick it up. In all cases, please return the food order in the original container(s)* to our host.

Food Order Incomplete*
In the rare occasion that you do not receive food that is on your receipt, we will make it up to you. Please call us or your third-party delivery service as soon as you notice that any food items were not received in your order. You may cancel the missed food before we prepare it without any question, and we will refund the amount to a credit card or we will refund you with a store credit issued via Gift Card. No cash refunds.

Please note: we do provide courtesy items such as disposable silverware, straws, and napkins when requested for free. If we mistakenly omit a free courtesy item you are welcome to let us know so we may address the issue with our staff, however, we cannot provide discounts, refunds or store credit.

Food Dissatisfaction*
We cook our food fresh to order with only the finest and freshest ingredients. We take great care and pride in all of the dishes we make. Refunds and/or replacement food are available upon request for orders in which the food is wrong, omitted and other similar circumstances. Steaks will be prepared to the temperature requested when ordering. Refunds are not typically provided for food that a guest simply does not like.

Cancel Order
Sorry, we cannot cancel, refund or give store credit if you change your mind or mistakenly order an item after the order is prepared. We cannot provide any refund or store credit for non-food items or beverages.

Order Cancelled Delivery Partner​
It’s possible your delivery partner might cancel the delivery if they’re unable to find or reach you. When they arrive at your delivery address, they’re prompted to contact you so it’s a good idea to keep your phone nearby when you’re expecting the food to arrive. If a delivery partner made a reasonable effort to contact you after arriving at your requested location, you may not be eligible for a refund.

Complimentary Food
Sorry, we cannot provide a refund or cash value on any complimentary food.

As a private business, it is the right of the restaurant to deny or refuse service to any customer for any reason. If a customer abuses any of the Return & Refund Policy we, unfortunately, will not be able to conduct future business with the customer so that we may continue to provide excellent and quality food and service for you and our other wonderful and frequent patrons.

Please note: we strive to prepare and package our pick up items to preserve the high quality of the food. Keep in mind the temperature, sauce, and consistency of some items may vary slightly after being packaged and transported.

*  If 25% or more of the food has been consumed or removed we cannot issue any discount, refund or store credit. If the food has been discarded, repackaged or tampered with then we cannot verify its origin or issue and cannot issue any discount, refund or store credit. Also, we will only prepare a second food order in all situations and we will not prepare a third order replacement.