Last updated June 21, 2016
Limitations on Use
You must be at least 18 years old to use the Site. You may browse the Site, use its applications and features, and you may download material displayed on the Site, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Site for public or commercial purposes. These limitations apply to all material on the Site, including but not limited to the text, applications, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Artisan Sugars and/or its contributors. Unless otherwise noted, all material on the Site is copyrighted. Copyright violation is a serious offense, punishable by civil and criminal penalties.
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments. However, by sending us any comments, feedback, testimonials, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports or other communications (collectively “Comments”), whether oral or written, you hereby grant to Artisan Sugars an irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to reproduce and use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Artisan Sugars has no duties to you, with respect to such Comments.
You must be 18 years of age or older to become an Artisan Sugars Member. When you create an account, you agree you are responsible for maintaining the confidentiality and security of your account. We may disable your account at any time if you violate these Terms. While we work to protect information you provide to us, we do not warrant and cannot ensure the security of any information you transmit to us.
Limitations on Liability
THE SITE AND ALL INFORMATION AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ARTISAN SUGARS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE ON THE SITE OR THROUGH ANY LINKS TO THE SITE.
Artisan Sugars shall not be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Artisan Sugars’ maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to Artisan Sugars for any products which you purchased and paid for through this Site. By using the Site, you agree to release and hold harmless Artisan Sugars, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any term of this agreement is held inapplicable by a court, the rest of the terms in this agreement shall nevertheless remain in force.
Links to Third Party Sites
This Site may contain links to websites controlled by parties other than Artisan Sugars. Artisan Sugars may work with certain partners and affiliates whose sites are linked with Artisan Sugars. Artisan Sugars is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Artisan Sugars makes no guarantees about the content or quality of the products or services provided by such sites. Artisan Sugars is not responsible for webcasting or any other form of transmission received from any Third Party Site. Artisan Sugars is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Artisan Sugars of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Artisan Sugars is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are the Trademarks of Artisan Sugars, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of Artisan Sugars or the third party that may own the relevant material.
Artisan Sugars strives for its Services, Content, and other materials to be accurate. However, from time to time, there may be information available on or through the Services or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Artisan Sugars reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. No order is final until shipped and Artisan Sugars may cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PRODUCTS, THAT YOUR USE OF THE PRODUCTS 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 OF THE PRODUCTS, AND THAT ARTISAN SUGARS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE PRODUCTS.
Artisan Sugars reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions including but not limited to terminating access to the Site. Any failure by Artisan Sugars to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.
Artisan Sugars reserves the right to terminate access to this site for any person at any time. These terms and conditions are governed by the laws of the State of Colorado, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating to the use of this Site that are not arbitrated shall be resolved exclusively in the State or Federal Courts located in the State of Colorado, and you and Artisan Sugars both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site is made available only to provide information about Artisan Sugars and its products and services. Artisan Sugars controls and operates this Site from its headquarters in Boulder, CO USA, and makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdiction. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.
TERMS OF SALE
All items purchased on ArtisanSugars.com must be used for personal use only. Items intended for commercial use (e.g. for restaurant or hospitality use, or for resale) must be purchased through our corporate or wholesale programs. In some cases we have location-based or industry-based exclusivity relationships in place with commercial customers that must be managed.
If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Conditions of Sale and place an order for you. If you, for any reason, cannot lawfully enter into a contract and place an order, this order shall be null and void. Through this platform, we sell to end-user Customers only and reserve the right to cancel orders which are or can reasonably be assumed to be for commercial re-sale. Wholesale or international customers, please contact us directly.
All orders placed on the Website are subject to availability and acceptance of your order by Artisan Sugars. Because our products are handmade, we may change the assortment of items offered and to limit the quantity of items that may be purchased without prior notice. Please browse the product pages of the Website or contact us by telephone or email to discover products that are currently available for sale.
During checkout, you will be required to provide valid and up-to-date personal information, including your legal name, shipping address, billing address, e-mail address and payment details. We may collect additional information for security and anti-fraud purposes. You represent and warrant that the personal information you provide to via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided. Please note that we use personal information only to process shipping and will not share this information with any third parties unless required to by law. We will only use your personal information for marketing of Artisan Sugars products and events if you expressly consent to such use.
Prices, Tax, and Shipping Costs
All of our prices are shown on the product pages of the Site and are in U.S. Dollars. Prices and shipping costs shown on the Site are valid at the time your order is placed. We may modify prices and delivery costs at any time without prior notice. Actual shipping costs and applicable taxes will be reflected in the Order Confirmation. Shipping costs and estimated sales taxes are not stated on the product pages and will be added to the product price after you have chosen your delivery options and before your order is finalized.
Review and Confirmation
When you place an order through the Site or by telephone, you are making an offer to Artisan Sugars to purchase the products in accordance with these Conditions of Sale. Please carefully check all details before placing your order through the Site. Once you have confirmed all details and placed your order, we will send you an email to acknowledge that we have received your order. Upon shipping of your order, we will send you another email to confirm your order (“Order Confirmation”). Once you receive this Order Confirmation, the offer and acceptance process is concluded and a sales contract is executed.
Proof of Agreement
Our Order Confirmation sent by email upon shipping is deemed to be received when you are able to access it on your computer, mobile or handheld device. The Order Confirmation will be proof of a binding agreement between you and Artisan Sugars. We strongly encourage you to keep a copy (electronically and/or on paper) of all information associated with your order.
Responsibility for your purchased goods passes to you at the time the carrier indicates delivery in their tracking system. Tracking records indicating delivery shall be evidence of delivery and fulfillment of the sale contract by Artisan Sugars.
Replacement of Goods Damaged in Shipping
We insure all products during transit and take great care to ensure they do not get damaged in transport. All shipments have tracking numbers. Upon delivery, we are not liable for loss or destruction of the product. Should our product be substantially damaged during transport, please notify us immediately upon receipt, but no later than three (3) business days after your receipt. Please note that replacement is subject to availability and the turn-around time varies, depending on the product. Any refunds will be issued to the credit card used for purchase.
The Conditions of Sale (as amended from time to time) constitutes the entire agreement between you and Artisan Sugars and supersede any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Artisan Sugars in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Site conflicts with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions of Sale.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State of Colorado, in the county of Boulder.
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