Terms of Use

Last Updated: September 7, 2018

WEBSITE TERMS & CONDITIONS POLICY

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

INTRODUCTION

The terms “We”, “Us”, and “Our” refer to MADE by Wendy. The term the “Site” refers to https://www.madebywendynyc.com/. The term “User,” “You” and “Your” refers to site visitors and any other Users of the Site.

Use of this Site including all materials presented within the Site is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors and all other Users of the Site. By Using the Site, You agree to the below Terms & Conditions, without modification, and acknowledge reading them.

MUST BE 18 YEARS OF AGE

To Use the Site, You must be eighteen (18) years old or older and have the power to enter into these Terms & Conditions.

You may use the Site for lawful purposes only. You agree to use the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes Our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

All of the information provided throughout the Site (including any digital content delivered via email, blog, or on social media) are resources for educational and informational purposes only.

ACCEPTANCE OF OUR PRIVACY POLICY

We permit You to control management of Your personal information and invite You to read the complete statement of Our current Privacy Policy https://www.madebywendynyc.com/privacy/, which is linked for Your reference. We will only collect and otherwise access the information You voluntarily provide via email or through other direct contact initiated by You. We will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.

We are the sole manager of the information collected on the Site. We will use such information to respond to You as necessary. You grant Us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, publish and translate this personal information only as necessary to fulfill Your request(s) or to enable Your use of a particular service, such as for purchasing a particular service. All information provided to Us as a result of Your use of this Site will be handled in accordance with Our Privacy Policy.

All information provided to Us as a result of Your use of this Site will be handled in accordance with Our Privacy Policy. To the extent there are inconsistencies between these Terms & Conditions and our Privacy Policy, these Terms & Conditions control.

YOUR RESPONSIBILITIES

In consideration of Your Use of this Site, You agree that to the extent You provide personal information to the Site it will be accurate, current, and complete and that You will update all personal information as necessary.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than https://www.MADEbywendynyc.com/ to help support the maintenance of the Site. We do not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and make no guarantees as to the quality or content of the same. You acknowledge that You bear all associated risks regarding access to and use of affiliate links and release Us from any loss or damage incurred from dealing with such affiliates.

PRODUCT ALLERGIES

You agree to inform Us of any allergies that You might have. While We will take every measure to minimize the risk of cross-contamination, We process known allergens such as peanuts, tree nuts, gluten, wheat, dairy, and eggs. In reviewing this agreement, You agree to notify Us of allergen risks and hold MADE by Wendy harmless of any allergic reaction. We are also not liable for any third-party allergic reactions. As provided by federal law, ingredient lists are available upon request.

PRODUCT PAYMENT

Full payment upon purchase is required for any order to be confirmed. If any payment is insufficient or declined for any reason, We may revoke Your access to the products, without refund.

SHIPPING POLICIES

All orders must be placed at least 48 hours in advance of the requested delivery date. Large orders (of 10 or more cookies), must be placed at least 10 days in advance. Generally, special orders must be placed 48 hours in advance and availability to fulfill is based on availability. Prepayment of invoices confirms your order and without prepayment no order is considered confirmed and will not be delivered.

After You’ve placed Your order, a confirmation email will be sent to You right after Your order is submitted. Please be sure all of the information is correct, including residential or commercial addresses. Shipping charges will be applied if incorrect for residential or other requests.

Please understand once Our product(s) ise placed in the shipping system, the shipping is out of Our control and in FEDEX or USPS’ control. You assume all responsibility for the condition of the order once it leaves Our possession. We are not responsible for shipment delays caused by FedEx or USPS due to weather or other force majeure events, as detailed below. Though We will package and pack each item to the upmost care, You assume all responsibility for the condition of the cookies once it leaves Our possession.

Note that we can only tell You the anticipated arrival based on Our tracking data from Our shippers, which is provided to You. We do not guarantee shipment arrival dates or times. We simply try to meet or exceed those expectations, based on the information that You have provided. We are proactive in communicating with You throughout the order process and will notify You of any issues that arise prior to shipment.

REFUND POLICY

Our overall policy is that all orders are final and no reships/refunds on orders due to: incorrect/wrong addresses, weather, rural locations that extend travel, recipients not at location, shipper issues, no forwarding address, plane delays by shipper, military addresses, problems not related to or caused by MADE by Wendy, delay in consumption of product upon receipt, product sent to someone who is out-of-town, mail room delays in offices, universities, and hospitals. As such, You agree not to raise a dispute with Your financial institution and/or credit card provider for Products You purchased and which We granted You access to.

FORCE MAJEURE

We will not be considered in breach of this Agreement and/or liable to You for any delay or failure to perform Our obligations in the event of a fire, earthquake, flood, hurricane, storm, infestation, explosion, strike, riot, war, act of terrorism, or similar disastrous occurrence beyond the control of either Party (each a “Force Majeure Event”). If a Force Majeure Event occurs, We will, as soon as practicable (1) notify You of the Force Majeure Event and its impact on performance and completion of this Agreement; and will (2) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations.

NO WARRANTIES

THE USE OF THIS SITE AND ANY PURCHASES IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, QUALITY, RELIABILITY, AVAILABILITY, DELIVERABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITE AND PRODUCTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE AND SERVICES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF FAILURE TO STORE COMMUNICATIONS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

INDEMNITY

You agree to indemnify, defend and hold harmless the Site from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of this Site in violation of these Terms of Service and/or arising from a breach of these Terms & Conditions and/or any breach of Your representations and warranties set forth above.

EFFECT OF HEADINGS

The subject headings of the paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

SEVERABILITY

If any term or provision of these Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

ASSIGNMENT

These Terms & Conditions are not assignable, delegable, sub-licensable or otherwise transferable by You. Any transfer, assignment, delegation or sublicense by You is invalid. We may assign its rights and duties under these Terms & Conditions to any party at any time without notice to You.

ENTIRE AGREEMENT

These Terms & Conditions (together with Our Privacy Policy and any Privacy Notices applicable to You) contain the entire understanding and agreement between You and this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between You and Your use of this Site.

GOVERNING LAW

All Terms shall be construed in accordance with and governed in all respects by, the laws of the State of New York. We reserve the right to change or modify these Terms at any time without notice to You. Again, it is Your responsibility to review these Terms prior to Your use and periodically throughout Your use of Our Site.

CHANGES TO TERMS OF SERVICE

We reserve the right to change these Terms & Conditions from time to time consistent with applicable laws and principles. These changes will be effective as of the date We post the revised version on this Site. Any Use of the Site by You means that You accept these amendments. If at any time You choose not to accept these Terms & Conditions, You should not use this Site.

HOW TO CONTACT US

Any questions regarding the above Terms & Conditions may be directed to info@MADEbywendynyc.com.