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Terms & Conditions
Intellectual Property
The content available through the Carmen’s Kitchen, LLC web site (“Site”) is the sole property of Carmen’s Kitchen, LLC and its associates. All content is protected by copyright, trademark and other intellectual property laws, where applicable. By using this Site, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone without Carmen’s Kitchen, LLC’s express prior written consent. Violations will be prosecuted to the full extent of law.
Limitation of Liability
By using this Site, you expressly agree that use of the Carmen’s Kitchen, LLC web site is at your sole risk. Neither Carmen’s Kitchen, LLC nor its parent company, affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of this Site will be uninterrupted or error-free. Neither Carmen’s Kitchen, LLC nor its Associates warrant the accuracy, integrity or completeness of the content provided on this Site or the products or services offered for sale. This Site does not make any representation that content provided on this Site is applicable to, or appropriate for use in locations outside of the United States. Carmen’s Kitchen, LLC and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Carmen’s Kitchen, LLC or its Associates shall create a warranty.
Under no circumstances shall Carmen’s Kitchen, LLC or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Carmen’s Kitchen, LLC has been advised of or should have knowledge of the possibility of such damages. The user hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site.
Payment Options
We currently accept the following payments through Paypal: Mastercard, Visa, Discover, Bank Checks.
Collection Terms
Applicant(s) signature and/or purchase attest financial responsibility, ability, and willingness to pay invoices for products purchased on credit terms. The default term is Net-30, and after such date Carmen’s Toffee may impose a 2% service charge per month in addition to any additional collection or legal fees. Any returned checks will carry a $25 or 3% penalty fee (whichever is greater). If applying for credit, the applicant gives Carmen’s Toffee the authorization to investigate their credit worthiness, including contacting vendors, bank references, and in other manner Carmen’s Toffee deems appropriate.
Shipping Policy
We are committed to process your shipment in a timely manner. Since it is our aim to serve you the best tasting toffee, our items normally ship within two weeks of the order being received. However, normal processing time is one to three business days after receipt of payment. Orders are shipped Monday through Friday, excluding legal holidays.
We ship all our packages USPS Priority Mail which guarantees that the package will arrive at the shipping destination within two days. This type of shipping method is chosen to ensure that the toffee does not melt. It is your responsibility to pick-up the package promptly and store it in a refrigerator as we will not be held liable for any items that are melted.
We cannot ship to P.O. Box and APO/FPO addresses at this time. Please provide an alternate shipping address. We do not ship outside the 48 contiguous
In the rare event that your order never arrives, notification of lost items must be received within 21 days from receipt of the shipping confirmation e-mail. Please note that refused or undeliverable shipments will not be refunded. The customer is responsible for providing us the correct shipping address.
Back Orders
We make every effort to present accurate availability of products on the Site. However, if an item is out of stock, you will be notified that the item is on backorder status. Once the item is back in stock, we will notify you and await confirmation to proceed with shipping. You will not be charged for the item and shipping costs for the item until it is in stock and shipped to you. If you decide to cancel the backorder, please contact us at sales@CarmensToffee.com. Please include your name, order/invoice number, name of item, and the item SKU and quantity.
Cancellation Policy
Our commitment is to provide our customers with unparalleled service. In striving to ship out your packages quickly, orders are automatically processed shortly after we receive notification. Please contact us immediately if you would like to cancel your order. If we have not processed the order yet, we will gladly cancel the order and levy a $7.00 USD processing charge. However, if the order has already been processed and shipped, no cancellation will apply. Due to the perishable nature of food we do not accept any returns.
Return Policy
Due to the perishable nature of food we do not accept any returns.
Links to Other Sites and Advertisements
This Site may contain links to web sites of third parties ("Third Party Sites"). These links are provided only as a convenience to you and the content on such Third-Party Sites are not to be considered as an endorsement by us. We are not responsible for the content of linked Third-Party Sites and do not make any representations regarding the content or accuracy of materials on such Third-Party sites. If you decide to access Third-Party Sites through links on this Site, please note that you do so at your own risk. Your use of Third- Party Sites is subject to the Terms and Conditions of use for those sites. This may contain advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, we do not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on this Site.
Errors on Our Site
Prices, descriptions, image displays, colors, and availability of products and services are subject to change without notice. We make every attempt to make the Site as accurately as possible. Errors will be corrected where discovered, and Carmen’s Kitchen, LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, Carmen’s Kitchen, LLC will either issue you store credit or a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase due to errors on our Site, you may return it in accordance with our return policy.
Sales Tax Policy
As required by law, Carmen’s Kitchen, LLC may collect and remit sales tax as appropriate. We also reserve the right not to sell to resellers or any customers based on our sole discretion.
Product Usage
Carmen’s Kitchen, LLC does not manufacture any consumable products. By purchasing products from us, you agree to release us from any responsibility for illness, allergic reaction, or a product liability related incident in any form or manner. Please research any and all products you consume. Any purchase from us that is accepted and consumed by the purchaser or any third party is the sole responsibility of the purchaser. By purchasing from us, you further agree to release Carmen’s Kitchen, LLC and its partners from any litigation or legal action associated with the use or consumption of any and all products, including the packaging materials, shipping materials, and any items associated with your sale.
Indemnity
You agree to defend, indemnify and hold Carmen’s Toffee, LLC, its officers, directors, employees, agents, partners, affiliates, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content, or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. Carmen’s Kitchen, LLC shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Governing Law
The interpretation, construction, and enforcement of these Terms and Conditions shall be governed in all respects by the laws prevailing in the State of