STL CAKEPOPS – TERMS AND CONDITIONS
USE OF THIS WEBSITE
The use of this website is specifically designed to be a resource for customers looking for information or to shop for custom cake pops and chocolate covered treats by STL Cake Pops, LLC. Information provided herein is based on the knowledge of our production team and current industry standards. We are not responsible for third-party tools or products mentioned as beneficial, nor hold any liability related to them. Browsers of this site assume full responsibility for how you use the information contained within this site.
The laws of the United States of America, govern these terms and conditions. By accessing this website and continuing to browse or reference, concepts, ideas or information presented herein or through your decision to do business with STL Cake Pops, LLC, you give consent that you agree to these Terms and Policies presented herein. If you do not agree to these Terms, please do not proceed with your purchase and/or discontinue use of this website.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements referenced through this site. The term “Visitor”, “Guest”, “You” or “Your” refers to you, the person visiting and navigating the pages contained within this website. The term “Company”, “Ourselves”, “I”, “We”, and “Us”, refers to STL Cake Pops and the service provided through this web presence.
DISCLAIMER FOR EXCLUSIONS AND LIMITATIONS
The information on this website is provided to you on an “as is” basis. To the fullest extent permitted by law, STL Cake Pops, LLC excludes all representations and warranties relating to this website and its content which may be provided by any affiliates or third parties, including any inaccuracies or omissions in this website and/or company’s literature. While all efforts are made possible to provide you with trustworthy information, STL Cake Pops, LLC does not guarantee that the files available for download on this website will be free of infection from viruses, worms, or other malicious code that can manifest contamination as they are stored in a shared server environment. It also excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs, and the data thereon any other direct, indirect, or consequential and incidental damages. This company does not exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
COPYRIGHTS AND DUPLICATION PERMISSION
Information, logos and brand names for specific services contained herein is either owned and copyrighted by STL Cake Pops, LLC, or provided with appropriate permissions and “right to use” from the original source unless otherwise specified. Duplication of text, images, audio or video content (either digital, transcribed, or printed) is prohibited without written authorization of STL Cake Pops, LLC. Images contained herein are either original files created by STL Cake Pops, LLC or licensed to the company with limited use. Copying images without written authorization is not permitted. Distribution of printed versions of the content contained herein requires written authorization by STL Cake Pops, LLC. To inquire about duplication permission for any material contained herein, please submit a request through the CONTACTS provided referencing the item(s) you’re seeking permissions to use.
INTERNAL AND EXTERNAL LINKS
Please notify STL Cake Pops, LLC of your desire to link to our website and we will provide you with appropriate imagery and desired link. Additionally, this website may include links providing direct access to other internet sites. STL Cake Pops, LLC takes no responsibility for the content or information contained or collected on those other sites, and does not exert any editorial, monitoring or other control over those other sites and therefore does not assume any liability for those sites, their content or their privacy practices. STL Cake Pops, LLC reserves the right to remove any link from this site for any or no reason. The existence of any particular link is simply intended to imply potential interest to users of this site.
PRIVACY AND CONFIDENTIALITY
We are committed to protecting your privacy. Personal information collected through this website for offers, orders or general inquiries are held in strictest confidence. We will not willingly sell, share, or rent your personal information to any third party or authorize your e-mail address for unsolicited mail. Your records are regarded as confidential and will not be divulged to any third party other than Square (for all payment processing, order management, and newsletter email distribution) and AcuityScheduling (a third-party product used for event scheduling and reservations) unless legally required to do so to the appropriate authorities. Appropriate “opt-out” measures are included with email messages for your convenience allowing you to unsubscribe from mailings at any time. While we constantly review our systems and data connections to ensure the best possible service to our customers, we are not responsible for data loss caused by any defaults in third-party operations.
ALLERGY WARNING. Our items are prepared and baked in a kitchen where products containing, eggs, dairy, wheat, tree nuts, and peanuts are produced. Our items may contain trace amounts of any of the above-listed ingredients. Consumption and distribution of our products are done so at your own risk.
ORDERING CAKE POPS AND TREATS. By submitting personal information for a custom order or to purchase any products from our online store, you also accept that our standard production schedule is at minimum 5 business days. We offer free Local Pickup, Local Delivery (additional costs apply depending on your area), and Flat Rate Shipping. Currently, we only ship Monday – Wednesday each week. The Flat Rate shipping cost offered covers standard Ground shipping. When shipping to warmer weather locations (70 degrees or warmer), we strongly suggest taking extra precautions to protect against melting of your product during the delivery of your shipment by upgrading your shipping to include dry ice. Pricing on our products is subject to change based on supply availability. If additional fees for extended labor, rush fees, shipping or specialty supplies are needed to complete your order, you will be notified prior to shipment.
RETURNS & QUALITY CONCERNS. Due to customizations and handling of food products, returns of products are not allowed.
WORK PRODUCT OWNERSHIP. Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by STL Cake Pops, LLC in connection with the Services shall be the exclusive property of STL Cake Pops, LLC.
LIABILITY. STL Cake Pops, LLC will not be liable for loss, damage or delay of Client’s order due to circumstances beyond the Company’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact Client. In the event of such loss, damage or delay, STL Cake Pops, LLC will make every effort to notify Client immediately. The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Company for inclusion in your custom order or packaging are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Company and its employees from any claim or suit arising from the use of such elements furnished by Customer.
INDEMNIFICATION. You agree to indemnify and hold harmless STL Cake Pops, LLC, its affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys’ fees, made by any third party due to, arising out of, or related to consumption of our product, Content or artwork you submit, post, or transmit through the Web Site, your violation of the Agreement or any rights of another, or your connection to the Web Site.
SEVERABILITY. If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions, and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the extent possible.
CONTACT. Questions or concerns related to these Terms of Service should be directed to Rachel Sarino, Creative Director of STL Cake Pops, LLC via email or phone at 636-328-3922.