Terms and Conditions
Welcome to the website (the “Website”) operated by Cookie Zombie, DBA (“us”, “we”, or “our”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Website. If you visit or shop within this Website, you accept these terms. These Terms apply to all visitors, users, and others who access or use the Website. If you disagree with any part of the Terms, then you may not access the Website.
Privacy
Please review our Privacy Policy, which also governs your visit to our Website, to understand our practices.
Intellectual Property
All content on this Website are and will remain exclusive property of us. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service that is not us, without prior written consent. All other trademarks not owned by us or our subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our subsidiaries.
Electronic Communications
When you visit our Website, communicate via email, social media, or any other electronic media, you give consent to communicate with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Account
Use of the Website might be limited and/or require registration of an account. When you create an account with us, you must provide us information that is accurate, complete and current at all times. Failure to do so may result in immediate termination of your account on our Website. We reserve the right to refuse or restrict anyone from access to the Website at any time for any reason. You are responsible for maintaining confidentiality of your account, login, and password that you use to access the Website. You are responsible for any and all activities and actions that occur under your account or password, when your password is with our Website or a third-party service. We are not responsible for any loss or damage that occurs from use, or related to, your use of your account or password by you or anyone else. You agree to not disclose your password to any third party. You must notify us immediately of any unauthorized use of your account or password or any breach of security. You may not use a login, account, or username of another person or entity or unlawful to use, a name or trademark that is subject to rights of another person or entity without appropriate authorization, other than yourself, or anything that might be perceived as obscene, offensive, or vulgar. If you are under 18, you may use our Website only under direct supervision of your parent or legal guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, substitute, postpone or cancel orders at any time for any reason without notice.
Purchases
If you wish to purchase any product or service made available through our Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including but not limited to your credit card number, expiration date of your credit card, your credit card billing address, and your delivery address information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order for certain reasons including by not limited to suspected fraud, unauthorised transaction, or illegal transaction.
Return Policy
All sales are final, non-refundable, and non-transferable. Cancellations must be made 24 hours in advance of scheduled delivery or pick up. We do not accept returns nor exchanges on any product or service for any reason. If you are not satisfied with your order, please contact us immediately at 213-260-0144 and we will do our best to better your experience.
Shared Equipment
All our products are made and baked on shared equipment, including but not limited to cookies made with peanut butter, nuts of all varieties, dairy and gluten. If you have a food allergy of any sort, we do NOT recommend that you consume our product. If you do, you assume all liability of any and all consequences that include but are not limited to medical and financial costs.
Changes
We reserve the right to modify, replace, or delete these Terms at any time without notice. Website. Your use of our website is also governed by our other polices that you should read carefully. The products or services available on our Website may be mispriced, described inaccurately, substituted, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Third Party Links
Our Website may contain links to third-party web sites or services that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimer
Our Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Use of the Website is at your sole risk. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, or services included on this site at any time.
Cookie Zombie, DBA, its subsidiaries, affiliates, and its licensors do not warrant that the Website will function uninterrupted, secure or available at any particular time or location, any errors or defects will be corrected, the Website is free of viruses or other harmful components, the results of using the Website will meet your requirements.
Risk of Loss
All items purchased from us are made in accordance to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the delivery courier.
Limitation Of Liability
Under no circumstances, shall Cookie Zombie, DBA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible or tangible losses, resulting from your access to or use of or inability to access or use the Website, any conduct or content of any third party on the Service, any content obtained from the Website, and unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnification
You agree to defend, indemnify and hold harmless Cookie Zombie DBA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service, by you or any person using your account and password, and/or a breach of any of these Terms.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Disputes
All disputes arising out of this agreement shall be submitted to final and binding arbitration. The dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
Contact Us
If you have any questions about these Terms, please contact us via email: cookieoutbreak@gmail.com.com