TERMS OF SERVICE
INCLUDING PRIVACY POLICY
PREFACE
When purchasing products and services from The Cookie Table, LLC (“We” or “Us”) you engage in our “Service” (also referred to as “the Services”) and agree to be bound by these Terms of Service (also referred to as “this Agreement”). These Terms of Service apply to all sales of all our products and services, whether through our Website, via email, phone order, or in person, as applicable. These Terms of Service include all terms, conditions policies and notices written, stated and incorporated and referenced herein, including any additional terms, conditions and policies as added or updated from time to time (collectively “the Terms of Service”), and that are available either i) in hard copy form (paper) upon request, or ii) on our Website.
You can review the most current version of the Terms of Service at any time by visiting our Website or requesting a hard copy (paper form). We reserve the right to update, change or replace any part of these Terms of Service at any time and without notice. It is your responsibility to request or otherwise check the Terms of Service periodically for updates and changes. Questions about the Terms of Service can be emailed to: Janet@thecookietableshop.com.
If you do not agree to these Terms of Service, then you may not: i) purchase any of our products and services from our Website, via email, phone order or in person as applicable, or ii) use our Website for any purpose whatsoever, other than to access and read these Terms of Service. A breach or violation of any of these Terms of Service will result in an immediate termination of this Agreement and our Service to you.
SECTION 1 – WEBSITE
1.1. The Cookie Table, LLC operates a website at https://www.thecookietableshop.com. Throughout the Website, the terms “We”, “Us” and “Our” refer to The Cookie Table, LLC. We offer our Website, including all information, tools, items for purchase and services available on the Website, to you, the user, conditioned upon your acceptance of these Terms of Service. When visiting our website to browse and/or purchase products and services, these Terms of Service shall apply to all visitors and users of the Website, including, but not limited to, browsers, customers, vendors, and other business partners.
1.2. Please read these Terms of Service carefully before using our Website. By accessing or using any part of our Website, you agree to be bound by these Terms of Service. Your continued access and use of our Website constitute acceptance of the most current Terms of Service.
1.3. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You further represent that you are responsible for, and have given your consent, should your minor dependents to access and use the Website.
1.4. You are prohibited from using our Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit computer software and hardware viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, or any related website, other websites, or the Internet. We reserve the right to terminate your access to our Website and or any related website for violating any of the prohibited uses. A breach or violation of any of these Terms of Service will result in an immediate termination of this Agreement, of our Service to you, and immediate termination of access to our Website.
1.5. Third Party Links. Certain content, products and services available on our Website may include materials from (and links to) third-parties’ websites. Third-party links on our Website may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not be liable for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. See also our privacy policy located in Section 5 of this Agreement.
1.6. While We do our best to accurately describe who We are and our products and services, We are not responsible if information made available on our Website is not accurate, complete or current. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Website is at your own risk.
1.7. Our Website is hosted by Site123. Site123 provides Us with an online platform that allows Us to present and sell our products and services to you. Additional information regarding the security of the Site123 platform, and how your personal/business and financial (billing) information is used and safeguarded is further described in our Privacy Policy located in Section 5 of these Terms of Service.
1.8. We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of our Website is at your sole risk.
1.9. You understand that from time to time We may deactivate our Website for maintenance or for indefinite periods of time or We may remove our Website at any time, without notice to you.
SECTION 2 - GENERAL TERMS AND CONDITIONS (Applicable to all products and services, whether purchased through our Website, email, phone order, or in person)
2.1. Change Orders. Change orders are at our discretion. If you would like to change your cookie menu choices, or need to reschedule your order pick up or delivery date, you can do so until fourteen (14) business days before your original order pick up or delivery date by contacting Us via phone or email. If you contact Us by email, please make sure that you receive an email confirmation from Us, to ensure that We received your request. If you do not receive a confirmation email, or have not followed up with Us by phone, We are not responsible for your change order. Change orders are at our discretion. If We agree to process a change order with less than fourteen (14) business days, a $15 change order fee may be charged at our discretion, depending upon the requested changes.
2.2. Cancellations. Due to the nature of our business and the significant amount of lead time and preparation involved in your order, if you need to cancel your order, We require at least fourteen (14) business days notification before your scheduled pick up/delivery. To cancel an order, you must call the Company’s phone number and speak directly to a Company representative. In the event you cancel fewer than fourteen (14) business days before your scheduled pick up/delivery, We reserve the right to charge a cancellation fee. Any previous deposit or down payment will be applied against the cancellation fee. If the order is cancelled between fourteen (14) and eight (8) business days before delivery/pick-up, the cancellation fee will be equal to 50% of the total order amount. If the order is cancelled between seven (7) and zero (0) business days before delivery/pick-up, the cancellation fee will be 100% of the total order amount. Depending upon the reason for cancellation, We may, in our sole discretion, waive the cancellation fees in whole or in part.
2.3. For health and liability reasons, We are unable to accept returns of any food products.
2.4. Scheduling pick-up or delivery. For pick-up and delivery orders, if you do not pick up your order (or accept delivery) as scheduled, your cookies will be placed in the refrigerator to preserve freshness. If your order is not picked up (or rescheduled delivery does not occur) within twenty-four (24) hours of your original selected date/time, due to our quality and freshness standards, We will dispose of the items in your order, and your order will be deemed cancelled and subject to the cancellation provisions in paragraph 2.2 above. For orders that require delivery, but cannot be delivered due to wrong information provided by the customer, or the customer is not available to accept delivery, a redelivery charge may apply, and will be based on the standard mileage rate times the number of roundtrip miles to the delivery location.
2.5. Transport. For pick up orders, We cannot control what happens to your cookies once you receive them. Therefore, We recommend you bring an insulated cooler to transport your cookies. (Note: If We are delivering your cookies and setting up your cookie table if applicable, We will transport your cookies in insulated coolers);
2.6. Storage. For safety, maximum freshness, taste and quality, refrigerate or freeze your cookies upon receipt. Any leftover cookies should also be refrigerated. All items should be eaten within one (1) week of pick up or delivery.
2.7. Allergy Concerns. All ingredients in our recipes are available upon request. In addition, We label our cookies that contain nuts, however, there is always a risk of contamination. If you are concerned with food allergies, you need to be aware of this risk. The Cookie Table, LLC will not assume any liability for adverse reactions to food consumed.
2.8. Release. Customers of the Cookie Table, LLC shall release the Cookie Table, LLC, its owners, members, investors, and employees from all claims, damages and causes of action or liabilities which may arise as a result of the preparation, receipt, transportation, storage and consumption of cookies prepared by the Cookie Table, LLC.
2.9. Prices are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time. We reserve the right at any time to modify, substitute or discontinue any or all parts of our cookie menu selection, products and services without notice at any time. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, business, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer. All descriptions of products and services are subject to change at any time without notice, at the sole discretion of Us.
2.10. We reserve the right to refuse any order you place with Us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.11. Images of food and products on our Website are provided to give you an understanding of the finished products and shall not be construed as a guarantee of the image of the actual product. Images on our Website may include items that are not part of the product. Please read the descriptions in detail. All images on our Website are the property of The Cookie Table, LLC, and may not be used without our express written permission.
2.12. Nutrition information is available upon request and is based on the best information available but is only an approximation.
2.13. We do not warrant that the quality of any products or services purchased or obtained by you will meet your expectations. If the products or services that you purchased do not meet your expectations, We will make a reasonable attempt to satisfy your expectations, however, We are under no obligation to do so, as expectations are subjective in nature.
2.14. You agree not to reproduce, duplicate, copy, sell, resell or exploit, without our express written consent: i) any of our products and services, ii) any portion of our products and services, or iii) any content on our Website.
SECTION 3- BILLING INFORMATION
3.1. You agree to provide current, complete and accurate personal/business contact and financial (billing) information so that We can complete your transactions and contact you as needed.
3.2. When placing orders and making purchases, your voluntary submission of personal/business contact and financial (billing) information is governed by our Privacy Policy incorporated herein and located in Section 5 of these Terms of Service. However, you understand that such information (not including credit card information which is encrypted), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 4 - ERRORS, INACCURACIES AND OMISSIONS
4.1. Occasionally there may be information on our Website, or in newsletters, flyers, emails and advertisements, that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time, and without prior notice. While We will do our best to keep our information up to date and accurate, We undertake no obligation to update, amend or clarify information on our Website, or in newsletters, flyers, emails or advertisements, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Website or on any related website, should be taken to indicate that all information has been modified or updated.
SECTION 5 – PRIVACY POLICY
5.1. The Cookie Table, LLC (the “Company”, “We” or “Us”) respects the privacy of its customers, business partners and vendors (also referred to as “You”) who voluntarily choose to provide personal/business and financial (billing) information (financial information includes credit cards and checks) either through our Website or via phone, email or in-person. The Company recognizes the need for appropriate protections for personal/business and financial information provided. As such, this Privacy Policy describes the types of personal/business and financial information We may collect, how that information may be used, and with whom the information may be shared.
5.2. Personal/Business Information. Personal/Business Information is information that can be used to identify or contact a specific individual or business, such as a name, address, telephone number or email address. The Company does not collect personal/business information unless You choose to provide such personal/business information. (Note: Personal/business information is NOT required to visit our website). The decision to provide personal/business information is voluntary. In some instances, however, if You do not wish to provide personal/business information if requested, You may not be able to proceed with the transaction or activity or receive the benefit for which the personal/business information is being requested. Except for the limited purposes as described in this Privacy policy, the Company will not share personal/business information with third parties and will not sell, trade or lease your personal/business information to others. We respect and are committed to protecting your privacy.
The Company uses personal/business information to help conduct business transactions and to better understand its customers, business partners and vendors needs, interests and requirements. We use personal/business information when We enter into transactions with You for the purchase of our products and services, to purchase products and services from You, to communicate with You, to arrange delivery/pick up of our (or your) products and services, to bill for our products and services You purchased, or to pay for products and services that We purchased from You, to provide ongoing service and support, and for advertising, marketing and quality assurance purposes.
5.3. Financial (Billing) Information. The Company accepts credit cards, checks and cash as payment for products and services. The Company does not collect financial information unless You choose to provide such financial information, however, if You do not wish to provide the financial information requested, You may not be able to proceed with the transaction or activity or receive the benefit for which the financial information is being requested. No financial information is stored on the Company’s website or in the Company’s records. All financial information that is provided through our website, by phone, email, or in person is destroyed immediately after payment processing. The security of any financial information that is transmitted for payment processing purposes is further discussed below in the Website Hosting and Other Information section of this Privacy Policy.
5.4. Website Hosting and Other Information. Our Website is hosted by SITE123. SITE123 indicates that “its platform is stable and that the websites that it hosts are treated with total confidentiality.” According to Site123, “data is protected by the most modern firewalls, tools and security procedures,” which are meant to prevent unauthorized access and to provide anti-virus protection. While no data transmission over the internet or any wireless network can be guaranteed to be perfectly secure, SITE123 indicates that its hosting services are “on secured servers to ensure excellent security and speed.”
SITE123 can be set up to allow Us to collect other information when You visit our Website such as tracking your IP address and the page(s) on our Website that You visited. The collection of this type of information can provide Us valuable feedback to help Us identify our customers preferences and to allow Us to serve our customers better.
Your personal/business and financial information is protected by SITE123’s Secure Sockets Layer (SSL) encryption software. SSL is the industry standard for secure commerce transactions and encrypts all of your personal and financial information including credit card number, name and address, so that it cannot be read over the internet. All SITE123 websites come with SSL certificates. Further information regarding SITE123 can be found at: https://www.site123.com/privacy.
SITE123 may use “cookie” technology to improve your experience at our Website. To be distinguished from our “cookie” food products for sale, cookies are small pieces of data that are placed in your computer’s browser to store your preferences. When You visit a website, such as the cookietableshop.com, a message is sent back to the host server (SITE123) by the browser You use to access our Website. You may elect not to accept cookies by changing the designated settings on your browser. However, not utilizing cookies may prevent You from using certain functions and features our Website.
Our website may provide links to third-party websites for your convenience and information. If You access those links, You will leave thecookietableshop.com website. We do not control third party websites or their privacy practices, which may differ from ours. We do not endorse or make any representations about third party websites. The personal/business or financial information You choose to give to unrelated third parties is not covered by The Cookie Table, LLC's Privacy Policy.
SECTION 6 – MISCELLANEOUS TERMS
6.1. Our products and services delivered to you (through our Website, in person, off-site or otherwise), are provided 'as is' and 'as available' for your consumption and use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6.2. In no case shall The Cookie Table, LLC, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from: i) any products or services that You have purchased and/or consumed from Us, ii) your use of the Service, and iii) or for any other claim related in any way to our products and services or your use of the Service including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the purchase, consumption and use of our products and services, the use of the Service, or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
6.3. You agree to indemnify, defend and hold harmless The Cookie Table, LLC and any parent organization, subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as applicable, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
6.4. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
6.5. These Terms of Service are effective unless and until terminated by either you or Us. You may terminate these Terms of Service at any time by notifying Us that you i) no longer wish to purchase our products and services, ii) no longer wish to use the Service, or iii) when you cease purchasing our products and services and cease using our Website. If you fail to comply with any term or provision of these Terms of Service, We may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
6.6. The obligations and liabilities of the Parties hereto incurred prior to the termination date referenced in paragraph 6.5 above, shall survive the termination of this Agreement for all purposes.
6.7. The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
6.8. These Terms of Service, including any policies referenced and incorporated herein constitutes the entire Agreement and understanding between you and Us and govern your purchases of our products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms of Service).
6.9. These Terms of Service and any documents referenced herein, shall be governed by and construed in accordance with the laws of the State of Louisiana.
