TERMS AND CONDITIONS

The following Terms and Conditions and any other rules posted on our website (collectively the “Terms and Conditions”) constitute an agreement between The Love Confection LLC (“The Love Confection,” “we,” “our,” “us”) and you (the visitor of our Site), governing your access and use of all content and functionalities available at The Love Confection’s website, related micro-sites accessed through our URL theloveconfection.com, or related domain names.

By visiting the Site, you agree and consent to the practices described in the Terms and Conditions. The Love Confection reserves the right to change the Terms and Conditions at any time, without advanced notice. Your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms of Conditions.

The latest version of these Terms and Conditions will govern any subsequent usage of the Website. These Terms of Use are current as of January 14, 2014.

 

PRICING POLICY

Prices displayed on the Site are in US Dollars and are exclusive of taxes. Sales tax will only be charged on orders shipped to the State of Michigan.

All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time of order is accepted will be honored, except in cases of patent or obvious error.

 

PURCHASE OF PRODUCTS

Customers will be considered to have ordered products from us when they click on the confirmation button on the checkout screen of the Website. Once an order has been placed in this manner, it cannot be canceled through our Site. Any changes to the order must be made directly through one of our representatives via email. Changes cannot be processed after dispatching of your first month’s product and will be made at the sole discretion of The Love Confection. We shall not be in breach of this Agreement if we are unable to deliver our products in a timely manner as a result of events of force majeure (including severe weather, acts of war, terrorism and failure of the Internet), provided that we complete delivery of the ordered product promptly after the circumstances preventing timely delivery are resolved or suitably alleviated.

 

PAYMENT

Payments can be made by Visa, MasterCards, American Express, Discover, Diners Club, and JCB. Payment will be indebted and cleared from your account at the time of your placing your order on our Site. You confirm that the credit/debit card that is being used is yours or that you have received specific authorization from the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorization payment to The Love Confection, we will not be liable for any delay or non-delivery of shipment.

In the event that an item is out of stock and not expected to come back in stock, we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any applicable taxes.

We take reasonable care to protect your Payment details. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure hosted environment.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. Nonetheless, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Site.

 

ACCEPTANCE OF ORDER

Once you place your order, you will receive a confirmation email stating the details of your order. A confirmation invoice will not be included with the shipment of your order.

We reserve the right not to accept your payment in the event, for example, that we are unable to obtain authorization for payment, shipping restrictions apply, or a particular item is out of stock or does not satisfy our quality control standards and is withdrawn.

Furthermore, we reserve the right to refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party for any reason, including but not limited to: our withdrawing any product from the Site (whether or not that product has been sold); removing, screening, or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun.

 

RETURN/REFUND POLICY

As our products are perishable, all food sales are final. If you have a problem with your order, you must report it to use within 2 days of receiving your shipment so that The Love Confection can review the circumstances and determine your eligibility for a replacement order or credit. We will be happy to replace any item(s) in the unlikely event that they become spoiled during transit, or to credit your account for the spoiled portion of your purchase. We cannot be responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for the inability of a recipient to receive the package.

 

SHIPPING

The Love Confection currently ships exclusively within the United States, excluding Alaska, Hawaii, USVI, P.O. Boxes, or Military Addresses (APO, AFO, and others).

The Love Confection offers free domestic shipping on all orders.

The Love Confection is not responsible for incorrect or undeliverable addresses/recipients.  

Given the delicate nature of macarons, some breakage of the macaron may occur during transport; however, this will not affect the taste or quality of our product.

Macarons will be shipped at the beginning of the 4th or 5th week of each month via FedEx. Shipments are not available for delivery on national holidays (including, but not limited to New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day) or the day after.

 

DISCLAIMER OF WARRANTIES

Limitation of Liability. We provide this website on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products offered for sale on this site. You expressly agree that your use of this website is at your sole risk. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. We do not warrant that this website, its servers, or email that we send anyone are free of viruses or other harmful components. Neither we, or our affiliates, not any of its and their respective officers, directors, employees, agents, successors, or assigns will be liable for any damages of any kind arising from the use of this Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, loss of data, income, or profit, loss of or damage to property, and claims of third parties. In the event that ordered product is spoiled when it is received at the address to which the customer has directed us to ship the product, your sole and exclusive remedies will be those set forth in “Refund/Return Policy.”

 

CHILDREN UNDER 13

In accordance with the Children’s Online Privacy Protection Act (COPPA), children under 13 are not allowed to register on the Website. We do not knowingly collect information from children under the age of 13. If you think that a child under the age of 13 has provided Personal Data to The Love Confection, please contact us, and we will endeavor to delete that information from our databases.

 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights related to the Content as herein described, including the names The Love Confection and www.theloveconfection.com, the Love Confection logo, The Love Confection Software and all HTML and other code contained in this Site, shall remain at all times vested in The Love Confection and/or are the property of their respective owners. All such Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations. All trademarks reproduced in this website, which are not the property of, or licensed to us are acknowledged on the website. You are permitted to use the Content only as expressly authorized by The Love Confection. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

 

CONTENT

In addition to the Intellectual Property rights listed above, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files featured on this Site. The Love Confection strives to ensure that the Content on this Site is accurate and complete. The Love Confection does not warrant or represent that The Love Confection’s Content is accurate, error-free, or reliable, or that your use of The Love Confection’s Content will not infringe rights of third parties. Your use of the Site is at your own risk. The Love Confection does not warrant that the functional aspects of the Site, The Love Confection Content, or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or The Love Confection’s Content results in the need for servicing or replacing property, material, equipment, or data, The Love Confection is not responsible for those related costs. Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including but not limited to: the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. The Love Confection and its suppliers make no warranties about The Love Confection content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy, or usefulness of any Content found on this Site. The Love Confection reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that The Love Confection is not liable to you or any third party for any such withdrawal.

 

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, public, license, commercially exploit, transfer, or sell any Content, software, products or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including advertising or advertising revenue generation activity on your own Site.

 

YOUR ACTIVITY

You are using this Site at your own risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time and without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within this Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made to them.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Michigan and the State of Connecticut.

 

THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than The Love Confection, including advertisers. The Love Confection has not reviewed all of the sites linked to its own Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation): any advertising, products, other materials or services on or available from such websites or resources; any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content; goods or services available on such external websites or resources.

The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of The Love Confection. We accept no responsibility for any such views expressed in any media.

 

INDEMNIFICATION

At our request, you agree to full defend, indemnify, and hold harmless The Love Confection immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages, and losses, including: legal fees, arising from any breach of the Terms of Condition by you or any other liabilities arising out of your use of the Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions and your use of this Site and the Services.

 

GENERAL LEGAL TERMS

(a) Complete Terms: The Terms and Conditions constitute the whole legal agreement between you and The Love Confection and govern your use of the Services and completely replace any prior agreements between you and The Love Confection in relation to the Services. Notwithstanding the foregoing, you understand that The Love Confection may make changes to the Terms and Conditions from time to time. When these changes are made, The Love Confection will make a new copy of the Terms and Conditions available at http://www.theloveconfection.com. You agree that The Love Confection is under no obligation to provide you with notices regarding changes to the Terms and Conditions.

(b) Modifications to the Services: The Love Confection is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that The Love Confection provides may change from time to time without prior notice to you. You further acknowledge and agree that The Love Confection may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at The Love Confection's sole discretion, without prior notice to you.

(c) Confidentiality: You understand that The Love Confection grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Love Confection reserves the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the event of Breach: You agree that you will comply with all of the provisions of the Terms and Conditions. You understand that you are solely responsible for (and that The Love Confection has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences including any loss or damage which The Love Confection may suffer from any such breach.

(e) Rights Not Waived: You agree that if The Love Confection does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which The Love Confection has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Love Confection's rights and that those rights or remedies will still be available to The Love Confection.

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from these Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.

(g) Applicable Law: The Terms and Conditions, and your relationship with The Love Confection under the Terms and Conditions, shall be governed by the laws of the State of Michigan and the State of Connecticut, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against The Love Confection must be resolved by a court located in Michigan or Connecticut. You irrevocably agree to submit to the personal jurisdiction of the courts located within Michigan or Connecticut for the purpose of litigating all claims or disputes, and that such courts shall possess exclusive jurisdiction with respect to such matters, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(h) Survival: “Intellectual Property Rights,” and sections (e), (f), (g), and (h) shall survive the termination of these Terms and shall apply indefinitely

 

ENTIRE AGREEMENTS

These Terms of Use constitute the entire understanding and agreement between The Love Confection and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.