These Terms describe the terms and conditions applicable to your access and use of the website carolpies.com (hereinafter the “Site”) and the Services. This document is a legally binding agreement between you as the user of the Site (hereinafter referred to as “you”, “your” or “User”) and Carolpies LLC. listed in clause 2.1 below (hereinafter referred to as “we”, “our” or “Carolpies”).
1.APPLICATION AND ACCEPTANCE OF THE TERMS
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Carolpies, or (b) you are not permitted to receive any Services or Products under the laws of The United States of America or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Carolpies may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If we posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.
- PROVISION OF SERVICES
2.1 Carolpies that you are contracting with is registered in New Jersey, Carolpies LLC, 44 Edgemere Ave Trenton, NJ 08618, US. who you agree may invoice you for their part of the Services or Products.
2.2 You must register on the Site in order to access and use some Services. Further, Carolpies reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to any condition that Carolpies may impose in our discretion.
2.3 Carolpies may launch, change, impose conditions to, suspend, or stop any Services or Products without prior notice.
- ORDER AND REFUND,
3.1 The user agrees that the liability of Carolpies, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services or the purchase of any product, shall be limited to the amount of purchase the User has paid to Carolpies describe in the order. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
3.2 Quotations are valid for 10 days from issue.
3.3 Any order is subject to the availability.
3.4 Any product ordered from a picture or photo on the Site, will not be an exact reproduction of the product in the picture or photo.
3.5 We require a deposit on placement of order for the products.
3.6 If the order is cancelled within one (1) hour prior to the shipping, then the balance of payment (estimated as 50% of the total product cost) minus relevant third party expenses incurred in relation to the finished product. If the order is cancelled after the shipping, then no refunds will be made. All cancellations must be submitted in writing by email directed to firstname.lastname@example.org and it is the responsibility of the User to ensure receipt of the cancellation confirmation.
3.7 Carolpies will not be held responsible for anyone suffering allergies.
3.8 Non-edible items may be used as decorations in the products. It is the User’s responsibility to ensure that any non-edible items are removed prior to consumption.
3.9 All effort will be made by Carolpies to supply the products agreed upon request, however Carolpies will not be held responsible if the products are not available as a result of, including, but not limited to, unavailability, seasonal variation, etc. Carolpies reserves the rights to use its discretion to supply similar or substitute high quality product under such circumstances and will try where possible to agree this alternative product with the client prior to supply.
3.10 Carolpies cannot be held liable for, including, but not limited to, unforeseen delays caused by events such as car accidents or poor road conditions during delivery, missed deliveries, acts of nature, forces or causes beyond our reasonable control, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
3.11Carolpies stand behind the products we sell. We recognize that although our products have extremely high customer satisfaction. Many of the food products have different tastes, many of our things are really highly flavored, we do not send replacement foods, pies or cakes or issue refunds in these cases based upon taste.
3.12 On all herbal supplements, there’s a 30-day refund policy if the item is returned in its original condition. All herbal supplements products return must be unused.
- DELIVERY AND PICK UP
4.1 Products are to be collected from our premises at a prearranged time and date only. If you collect your product, we are not responsible for any damage that can occur after we hand over the product to you.
4.2 Products can be delivered and set up subject to availability; any arrangements for delivery may be subject to change, however prior notice will be given where possible.
4.3 We ship Monday, Tuesdays and Wednesdays with products arriving in 1 to 3 days. The shipping date that you select when placing your order is the date that your product leaves our facility, not the date that item will look be delivered. Most orders will be shipped by FedEx. Some orders will be shipped by USPS for overnight deliveries. Overnight shipping to Alaska and Hawaii is available for an additional charge. Please call for rates and information.
4.4 Third-party (including but not limited to, FedEx, USPS, etc.) or contractor is used to deliver and setup the product, Carolpies will not be held liable for any damages that occur during delivery transport and setup.
4.5 There will be no shipping or deliveries on Memorial’s Day 4th of July Labor Day Thanksgiving Day Christmas Eve Christmas Day New Year’s Eve New Year’s Day.
4.6 Excessive jarring due to “pot holes”, road construction or unseen road conditions, will damage the finished product to an unstable and undesirable state due to uneven driving conditions. Carolpies will not be held liable for any damages that may occur after the product has been collected or delivered.
4.7 If the incorrect delivery address is supplied or if there is no-one to receive and no safe place (as unilaterally judged by Carolpies) to leave the ordered products, then the product will be returned to Carolpies premises and we will contact you to arrange re-delivery. The client hereby agrees that this will result in additional charges for both safekeeping and delivery.
4.8 Client agrees that late delivery does not constitute a failure of agreement, and does not entitle client to cancellation or refund of an order.
- USERS GENERALLY
5.1 As a condition of your access to and use of the Site, you agree that you will comply with all applicable laws and regulations when using the Site, Services or the purchase of any product.
5.2 You agree to use the Site, Services and Products solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or Products or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etcetera available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Carolpies, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Carolpies is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
5.4 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Carolpies and/or any other User nor to gain unauthorized access to such computer systems or networks.
5.5 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Carolpies or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Carolpies to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site or the provision of any Services. You confirm and warrant to Carolpies that you have all the rights, power and authority necessary to grant the above license.
5.6 Each User represents, warrants and agrees that you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
5.7 User will be required to provide information as part of the registration process on the Site or your use of any Service or the User account. Each User represents, warrants and agrees that such information whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete.
5.9 Each User further represents, warrants and agrees that the User Content that you submit or post shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate other Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web sites which includes any content that may violate the Terms.
5.10 Each User further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
c) not use the Services or Site to defraud any person or entity (including without limitation use of stolen credit/debit cards);
d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e) not engage in spamming or phishing;
f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etcetera) or encourage or abet any unlawful activities;
g) not involve attempts to copy, reproduce, exploit or expropriate Carolpies’s various proprietary directories, databases and listings;
h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i) not involve any scheme to undermine the integrity of the data, systems or networks used by Carolpies and/or any user of the Site or gain unauthorized access to such data, systems or networks;
j) not engage in any activities that would otherwise create any liability for Carolpies or our affiliates.
5.11 User may not use the Services and user account to engage in activities which are identical or similar to Carolpies’s marketplace business.
6.1 User must be registered on the Site to access or use some Services. Carolpies may reject User’s application for registration for any reason.
6.2 Upon registration on the Site, Carolpies shall assign an account and issue a User ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
6.3 User agrees that all activities that occur under your account (including without limitation, posting any information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services or products) will be deemed to have been authorized by the User.
6.4 User acknowledges that sharing of your account with other persons, or allowing multiple users to use your account (collectively, “multiple use”), may cause irreparable harm to Carolpies or other Users of the Site. User shall indemnify Carolpies, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use or misuse of your account. User also agrees that in case of the multiple use or misuse of your account or User’s failure to maintain the security of your account, Carolpies shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to User.
- LIMITATION OF LIABILITY
7.1 to the maximum extent permitted by law, the services and products provided by Carolpies on or through the site are provided “as is”, “as available” and “with all faults”, and Carolpies hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy or reliability. All such warranties, representations, conditions, and undertakings are hereby excluded.
7.2 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to User’s computer system or Carolpies’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Carolpies or through or from the Site shall create any warranty not expressly stated herein.
7.3 The Site may make available to User services or products provided by independent third parties.
7.4 Each User hereby agrees to indemnify and save Carolpies, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Carolpies, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Carolpies.
7.5 Carolpies shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in data, information or services obtained from a User through the Site;
c) unauthorized access by third parties to data or private information of any User;
d) any matters relating to Services however arising, including negligence.
7.6 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Carolpies has been advised of or should have been aware of the possibility of any such losses arising.
- FORCE MAJEURE
8.1 Under no circumstances shall Carolpies be held liable for any delay or failure or disruption of the content or services or products delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- INTELLECTUAL PROPERTY RIGHTS
9.1 Carolpies is the sole owner or lawful licensee of all the rights and interests in the Site, Site Content and Products. The Site, Site Content and products embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Carolpies.
9.2 ” Carolpies ” and related icons and logos are registered trademarks or trademarks or service marks of Carolpies and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 Carolpies may have independent third parties involved in the provision of the Services. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
- DISPUTE RESOLUTION
10.1 Escalation. In the event of dispute, either party may call for escalation by written notice to the other. Within 5 business days of such notice, each party shall designate an executive with authority to make commitments that would resolve the dispute (a “Senior Manager). The parties’ Senior Managers shall meet in person or by telephone (“Dispute Conference’) within 5 business days of their designation and shall negotiate in good faith to resolve the dispute. Except to the extend necessary to prevent irreparable harm or to preserve rights or remedies, neither party shall initiate arbitration until 10 business days after the Dispute Conference.
10.2 If the parties do not reach an agreement by the escalation established in the previous clause 10.1, the arbitration shall proceed.
10.3 Arbitration. Any claim arising out of or related to this Agreement, shall be submitted to mandatory, binding arbitration under the auspices of _www.jamsadr.com (The “Alternate Dispute Resolution (ADR) Association”), in New Jersey, with the parties sharing equally the costs of arbitration. Arbitration will proceed according to the commercial rules of the ADR Association. This Section 10 does not limit either party’s right to provisional or ancillary remedies from a court of competent jurisdiction before, during, or after the pendency of any arbitration, and the exercise of any such remedy does no waive either party’s right to arbitration. Judgment on an arbitration award may be entered by any court with competent jurisdiction.
10.1 All legal notices or demands to or upon Carolpies shall be made in writing and sent to Carolpies personally to the following entity and address: Carolpies LLC, 44 Edgemere Ave Trenton, NJ 08618, US.
The notices shall be effective when they are received by Carolpies in the above-mentioned manner.
10.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Carolpies, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
a) Carolpies is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Carolpies posting such notice on an area of the Site that is publicly accessible without charge.
10.3 You agree that all agreements, notices, demands, disclosures and other communications that Carolpies sends to you electronically satisfy the legal requirement that such communication should be in writing.
- GENERAL PROVISIONS
11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Carolpies with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
11.2 Carolpies and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
11.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5 Carolpies failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Carolpies’s right to act with respect to subsequent or similar breaches.
11.6 Carolpies shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Carolpies). You may not assign, in whole or part, the Terms to any person or entity.
11.7 In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of The United States of America, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New Jersey, The United States of America.