Hamptons Cupcake Lounge, Inc., Cynthia's Treats, and cynthiastreats.com Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
By using the Site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the site. Administrator(s) of cynthiastreats.com may revise and update these Terms and Conditions at any time. Your continued usage of this website will mean you accept those changes.
Cynthia's Treats does not provide medical advice and nothing contained herein shall be construed as medical advice. The full contents of cynthiastreats.com, such as text, comments, graphics, images, and other content contained on this site are for informational purposes only. Statements on this website have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure or prevent any disease. Always consult your physician before starting any exercise program or changing dietary habits. The content of this site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is not a substitute for a medical exam, nor does it replace the need for services or counsel provided by medical professionals.
Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the cynthiastreats.com Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Cynthia's Treats, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the cynthiastreats.com Website.
Use of Website
The cynthiastreats.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Cynthia's Treats goods and services and/or to otherwise transact business with or contact Cynthia's Treats, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Cynthia's Treats. This policy is intended to protect the privacy and freedom of Cynthia's Treats' customers and the personal relationship Cynthia's Treats works to develop with its customers and others authorized to use its Website.
This Agreement contains provisions that limit our liability to you
Users of this Site are prohibited from violating or attempting to violate the security of this Site, including but not limited to: (1) accessing data not intended for such user or logging onto a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with the services provided by this Site to any user, host or network by means including but not limited to submitting a virus to the Site, “spamming,” “crashing,” or otherwise overloading the Site; (4) sending unsolicited email or communications; (5) forging any information from this Site or leading to this Site in any email or newsgroup posting. Violations of this Site’s security may result in civil or criminal liability. In the event of an actual or perceived violation of the security of the Site, Cynthia's Treats will cooperate with law enforcement authorities in prosecuting users involved in such violations.
You are responsible for the security, confidentiality, and use of any user name, password or other personal identifier you use in connection with your use of this Site. You will be responsible to pay Cynthia's Treats or any third party vendors for any goods and/or services obtained through this Site if access to the Site was obtained, or any product or service purchased, through the use of such user name, password or other personal identifier. Cynthia's Treats may terminate your access to and use of this Site in accordance with the terms and conditions herein if you do not promptly pay any such amounts when due.
Terms of Sale
Cynthia's Treats has taken commercially reasonable measures to display products and services as accurately as possible through this Site. However, as colors and shapes may depend on your monitor and/or computer system, Cynthia's Treats cannot guarantee any such accuracy or accept responsibility or the return of such products due to such inaccuracies.
1. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. Before accepting your order, we may require additional information if you have not provided all of the required information required to complete your order. Once a properly completed order is received, authorization of your form of payment is received and you have received a confirmation email from us, we will promptly place your order. There may be a time when we need to contact you in regards to order delivery or pick up time or questions with your order.
2. Pricing and Availability
All prices for products (and the associated tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice.
3. Payment Terms
Cynthia's Treats currently accepts Visa, MasterCard, American Express, Discover. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
4. No Refunds
As all of our products are edible and/or personalized, all sales are final and no refunds or store credit will be issued.
Orders cannot be cancelled once Cynthia's Treats has begun processing the order. In order to promptly deliver our treats as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any agreement by Cynthia's Treats to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Cynthia's Treats to that point, and you agree that such amounts may be deducted from any payments previously made to Cynthia's Treats. Accordingly, we encourage you to carefully check your order before submitting it.
6. Problems with your order
We attempt to be as accurate as possible; however, if a problem with your order occurs, please contact us via email at or call us at (631) 517-0343. All cancelations are within a 24 hour notice.
Cynthia's Treats creates all treats by hand using fine ingredients. Our treats may contain ingredients including but not limited to eggs, milk, nuts, and other ingredients which may cause allergic reactions. Customers concerned with food allergies should be aware of this risk. Cynthia's Treats will not assume any liability for adverse reactions to foods consumed or items that may come in contact with during the course of preparation and delivery or pickup.
6. Product Disclaimer
Cynthia's Treats products may also contain alcohol. When consumed in recommended quantities, the amount of alcohol in Cynthia's Treats products is safe for all ages. It is not the intent of Cynthia's Treats to promote the misuse of alcohol, alcoholism, hazing, binge drinking or any other form of alcohol abuse. Cynthia's Treats disclaims all and will not assume any liability for the effects of the alcohol consumed through consumption of products offered for sale by Cynthia's Treats.
Confirmation of Order
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.
Delivery will be deemed to have taken place at the time Cynthia's Treats places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Cynthia's Treats is not responsible for lost, stolen or damaged goods once an order leaves our possession. If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.
Intellectual property rights
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Cynthia'sTreats logo and all designs, text, graphics, pictures, editorial content, information, data, formatting, software, sound files, look and feel, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property (“Proprietary Material”) of Cynthia's Treats or its licensors or users and are protected by U.S. and international copyright laws. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Cynthia's Treats owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Cynthia's Treats and/or the relevant right holder.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CYNTHIA'S TREATS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIS SITE OR THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE. CYNTHIA'S TREATS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, UP-TO-DATE, CURRENT, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, CYNTHIA'S TREATS HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
Limitations of Liability
In no event will Cynthia's Treats or its directors, officers, employees, agents or affiliates be liable to you or anyone else for any indirect, consequential, special, incidental, exemplary, punitive, or similar damages (including loss of use, loss of profits or loss of data) arising out of or related to the site or your use of the site, or for any decision made or action taken by you in reliance on the information or materials provided on or available through this site, regardless of the form of action, whether in contract, tort, or otherwise, and even if advised of the possibility of such damages and you agree to indemnify Cynthia's Treats for any such damages incurred or suffered.
To the maximum extent permitted by applicable law, Cynthia's Treats total cumulative liability to you for all claims or suits arising from or related to this site, regardless of the form of action, shall in no event exceed the greater of the amounts paid by you to Cynthia's Treats in the twelve (12) months preceding the first such claim or one hundred dollars ($100), even if advised of the possibility of such damages. The existence of more than one claim or suits will not expand this limitation.
Governing Law: Jurisdiction
These Terms and Conditions of Use and the relationship between you and us relating to your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within Florida for any dispute, claim or action arising out of or related to your use of this Site or these Terms and Conditions of Use, and hereby waive any objections to the jurisdiction and venue of such courts.
You may not assign or delegate any right or duty under these Terms and Conditions of Use or related to this Site without the prior written consent of an authorized officer of Cynthia's Treats. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. We may assign any right or duty under these Terms and Conditions of Use or related to the Site with or without notice to you. Subject to the foregoing, these Terms and Conditions of Use will be binding on and will inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.
No duty or breach of these Terms and Conditions of Use may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of Cynthia's Treats. Any waiver (express or implied) by us of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.
When you visit this Site or send e-mail correspondence or other communications to Cynthia's Treats, you are communicating with us electronically. At times, Cynthia's Treats may communicate with you electronically by e-mail correspondence, by postings on this Site or otherwise. By communicating with Cynthia's Treats electronically, you acknowledge all terms and condition, agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
If you have questions about the Terms and Conditions of Use for this Site, or any other questions concerning the Site, please contact:
Cynthia's Treats via email, firstname.lastname@example.org.
These Terms and Conditions of Use constitute the entire agreement between you and us with regard to your access to and use of this Site, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof. In the event any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.
Hamptons Cupcake Lounge, Inc. (“Cynthia's Treats”) is dedicated to earning and keeping your trust through unparalleled customer service. We are committed to protecting the information you provide to Cynthia's Treats through our website, (“the Site” or “our Site”).
This policy covers any and all information provided by you, the customer, to Cynthia's Treats through the use of our Site, whether provided specifically, intentionally, unintentionally, automatically or anonymously (hereinafter “Privacy Information”).
Through our Site, Cynthia's Treats collects Privacy Information via privacy-related technologies such as “cookies,” filters, monitoring and encryption technologies, behavioral advertising and the like. Any Privacy Information collected is done so anonymously and automatically and no specific or identifying information, other than that provided by you through use of our Site, is collected. Any Privacy Information is for Cynthia's Treats internal use only and is used in the aggregate to understand how customers are using our Site and how we can better serve customers now and in the future through our online services. Notwithstanding the above, Cynthia's Treats, from time to time, may be legally compelled to turn over personal information in response to subpoena or court order, or, even when not legally compelled, may wish to cooperate with authorities even when not legally compelled, such as to report to a credit bureau or to investigate a potential crime or for anti-terrorism activities.
AFFILIATION AND SHARING
Cynthia's Treats does not share Privacy information with third parties except to the extent necessary to complete a request made by you. Cynthia's Treats does not rent, sell or exchange its Privacy Information with third parties. Cynthia's Treats uses third party web servers and services to host and store data and information necessary to running this Site. In connection with such use, third parties may have access to Cynthia's Treats' Privacy Information. Any use of Cynthia's Treats Privacy Information by third parties is subject to the terms, conditions and privacy policies between Cynthia's Treats and any such third party and Cynthia's Treats makes no representations or warranties regarding such third parties beyond the terms and conditions agreed to by Cynthia's Treats and such third parties.
The right to access personally identifiable information collected by this Site is limited to checking the accuracy of information provided, verifying information provided, and use by Cynthia's Treats and its employees and affiliates associated with fulfilling orders, delivering products, issuing invoices, processing payments and communicating with you in any manner regarding Cynthia's Treats products and/or services. You can correct factual errors in your personally identifiable information by sending us a request via email. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Cynthia's Treats employs various safeguards to protect your Privacy Information from unauthorized access and use, including putting in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and using reputable credit card processors and software providers, virus protection software, and web hosting services and carefully examining the procedures and policies of each vendor and/or service provider.
TERMINATION OF USE
Although you may terminate your use of this Site and/or cease to be a customer of Cynthia's Treats, any Privacy Information collected may continued to be used in accordance with the terms herein.
If you have questions about the Terms and Conditions of Use for this Site, or any other questions concerning the Site, please contact us via email: email@example.com.