TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING SPLURGEBAKERY.COM (“THIS WEBSITE”) OR PLACING AN ORDER TO PURCHASE ITEMS THROUGH THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE OR PLACE AN ORDER TO PURCHASE ITEMS ON THIS WEBSITE.

Eligibility

You must be at least 13 years old to use this Website. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use this Website with permission from your parent or legal guardian.

Copyright

The works of authorship contained in this Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Splurge Bakery and Cafe LLC, (“Splurge Bakery”). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Splurge Bakery’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Splurge Bakery’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded and printed.

Trademarks and Service Marks

“Splurge” and “You’re the Artist” are federally registered trademarks owned by Splurge Bakery.  Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners, including Splurge Bakery.

 

Disclaimer and Limitation of Liability

THIS WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT SPLURGE BAKERY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPLURGE BAKERY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPLURGE BAKERY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THIS WEBSITE OR PRODUCTS PURCHASED THROUGH THIS WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THIS WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THIS WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPLURGE BAKERY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE DIRECT OR INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THIS WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law. The information and materials contained in this Website, including the terms and conditions of the access to and use of such information and materials, are subject to change without notice.

Allergen Notice

Splurge Bakery does not recommend that people with food allergies consume our products and do so at their own risk.  Splurge Bakery prepares many of its products in a facility that uses various allergens, including, but not limited to, milk, eggs, peanuts, tree nuts, and wheat (“Allergens”).  Further, many products made at, or sold by, Splurge Bakery contain Allergens and, therefore, Splurge Bakery and its successors, assigns, affiliates, subsidiaries, principals, owners, employees, members, officers, agents, and contractors CANNOT and DO NOT guarantee (i) that any particular food product acquired from Splurge Bakery is free of all traces of any particular Allergen and (ii) that consumption of or exposure to a food product will not result in some form of allergic reaction.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Splurge Bakery, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all claims, proceedings, demands, losses, expenses, damages and costs, including reasonable attorneys’ fees and costs, arising from or relating to any actual or alleged violation of these Terms and Conditions by you or anyone using your account or any activity related to transactions conducted through this Website by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Pricing/Typographical Errors

The prices displayed on this Website may differ from prices that are available in our store. In the event that a Splurge Bakery product is mistakenly listed at an incorrect price, Splurge Bakery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Splurge Bakery reserves 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 cancelled, Splurge Bakery shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your access of the site and/or completion of the registration or shopping process. Splurge Bakery may for any reason and at any time without notice terminate or modify these Terms and Conditions. The provisions relating to Copyrights, Trademarks and Service Marks, Disclaimer and Limitation of Liability, Indemnification, Use of Site, User Comments/Disclaimer, Third-Party Links, and Miscellaneous shall survive any termination.

Notice

Splurge Bakery may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Splurge Bakery.

Use of Site

Harassment in any manner or form on this Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Splurge Bakery or other employee, host, or representative, as well as other members or visitors on this Website is prohibited. You may not upload to, distribute, or otherwise publish through this Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any other commercial online service or other organization.

User Comments/Disclaimer

We welcome your comments about our Website and product reviews. However, any comments, feedback, reviews, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to this Website shall be and remain the exclusive property of Splurge Bakery. Your submission of any such Comments shall constitute an assignment to Splurge Bakery of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Splurge Bakery will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Splurge Bakery does not and cannot review all communications, reviews and materials posted to or created by users accessing this Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Splurge Bakery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Splurge Bakery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Splurge Bakery in its sole discretion.

Third-Party Links

Splurge Bakery may link to websites operated by third parties. Links to non-Splurge Bakery websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.  Splurge Bakery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Splurge Bakery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Splurge Bakery seeks to protect the integrity of this Website and the links placed upon it and therefore requests any feedback on not only this Website, but for sites it links to as well (including if a specific link does not work).

Shipping and Processing

Our shipping and/or processing fees are intended to compensate our company for the cost of processing your order, handling, and packing the products you purchase and delivering them to you.  We encourage you to also review detailed information about our shipping policies and fees under the “Shipping Info” tab at the bottom of each page of this Website.

Returns

All items for sale on this Website are baked-to-order and cannot be returned.

Miscellaneous

Your access to and use of this Website and these Terms and Conditions shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Splurge Bakery products) shall be in the state or federal courts located in Essex County, New Jersey. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Splurge Bakery products) must be commenced within one (1) year after the claim or cause of action arises. Splurge Bakery’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Splurge Bakery may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.  In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.