This website is managed by Faery Cakes NYC. The terms "we," "us," and "our" throughout this site refer to Faery Cakes NYC. By using this website, which includes all the information, tools, and services available, you, the user, agree to accept all the terms, conditions, policies, and notices provided here.
By visiting our site or purchasing from us, you are engaging in our “Service” and agreeing to the following terms and conditions (“Terms of Service,” “Terms”), which include any additional terms and policies mentioned or linked. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you accept these Terms of Service. If you do not agree to all the terms and conditions, you are not permitted to access the website or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms.
Any new features or tools added to the store will also be subject to these Terms of Service. You can view the latest version of the Terms at any time on this page. We reserve the right to update, modify, or change any part of these Terms by posting updates to our website. It is your responsibility to periodically check this page for changes. Your continued use of the website after any changes signifies your acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province or that you have obtained consent from your minor dependents to use this site. You agree not to use our products for any illegal or unauthorized purposes and not to violate any laws in your jurisdiction, including copyright laws. You must not send any harmful code, such as viruses or worms. Any violation of these Terms will lead to immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transmitted unencrypted and could involve (a) transfers over various networks and (b) modifications to conform to technical requirements. Credit card information is always encrypted during transmission. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, or access any part of the Service, without our express written consent. The headings in this agreement are for convenience only and do not limit these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or not up-to-date. The material on this site is for general information only and should not be solely relied upon for decision-making without consulting more accurate sources. Any reliance on the material is at your own risk. This site may contain historical information that is not current and is provided for reference only. We reserve the right to change the content at any time but are not obligated to update information on the site. You agree to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without prior notice. We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through the website. These may have limited quantities and are subject to our Return Policy for returns or exchanges. We strive to display colors and images of our products as accurately as possible, but cannot guarantee that your monitor's display will be correct. We reserve the right to limit sales to any person or location and may do so on a case-by-case basis. All product descriptions and prices are subject to change at any time. We reserve the right to discontinue any product at any time, and any product or service offers are void where prohibited. We do not guarantee that the quality of any products or services will meet your expectations or that any service errors will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us and may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed under the same account, credit card, or billing and shipping address. If we make changes to or cancel an order, we will attempt to notify you using the contact information provided during the order. We also reserve the right to limit or prohibit orders that seem to be made by dealers, resellers, or distributors.You agree to provide accurate and current information for all purchases made at our store and to promptly update your account and other details so that we can complete your transactions and contact you as needed.For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to these tools "as is" and "as available" without warranties or conditions of any kind. We are not liable for any issues arising from your use of these optional tools. Any use of these tools is at your own risk and discretion, and you should be familiar with the terms set by the relevant third-party provider(s). We may also introduce new services or features in the future, and these will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third parties. Third-party links on this site may lead to websites not affiliated with us. We are not responsible for evaluating the content or accuracy of third-party materials and do not assume liability for them. We are not liable for any harm related to the purchase or use of goods or services from third-party websites. Please review the policies of third parties before engaging in any transactions. Any complaints or questions regarding third-party products should be directed to them.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us certain specific submissions or creative ideas (collectively, "comments"), you agree that we may use those comments in any medium without restriction, including editing, copying, publishing, and translating. We are not obligated to keep comments confidential, compensate for them, or respond to them. We may monitor, edit, or remove content that we deem unlawful or objectionable. You agree that your comments will not violate any third-party rights or contain harmful material, viruses, or misleading information. You are solely responsible for your comments and their accuracy.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy, which you can view for more details.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains errors or omissions related to product descriptions, pricing, promotions, and availability. We reserve the right to correct any inaccuracies or omissions and to change information or cancel orders if any information is found to be inaccurate at any time, even after you’ve placed an order. We have no obligation to update information unless required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you may not use the site or its content for any unlawful purpose, to solicit others for illegal acts, or to violate regulations. You may not infringe upon our intellectual property rights or those of others, harass or discriminate against others, submit false information, transmit harmful code, collect others' personal information, spam, or interfere with the Service’s security. We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your experience with our service will be uninterrupted, timely, secure, or free from errors. We also do not assure that the outcomes from using the service will be accurate or dependable. You acknowledge that we may occasionally remove the service for an indefinite time or terminate it without prior notice. You agree that your use of the service, or inability to use it, is at your own risk. The service and all products provided through it are offered "as is" and "as available," without any guarantees or conditions of any kind, whether expressed or implied. This includes all implied warranties related to merchantability, quality, fitness for a particular purpose, durability, ownership, and non-infringement. Under no circumstances will Faery Cakes NYC or our directors, employees, affiliates, agents, contractors, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, or consequential damages of any kind, including lost profits, revenue, savings, data, replacement costs, or similar damages, arising from your use of the service or any products obtained through it, or any claims related to your use of the service, even if we were advised of the potential for such damages. In jurisdictions where the exclusion or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the fullest extent allowed by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Faery Cakes NYC and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney fees, made by third parties due to your breach of these Terms of Service or any documents referenced herein, or your violation of any laws or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent allowed by law, and the unenforceable portion will be considered removed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The responsibilities and liabilities incurred by either party before termination will continue to be effective after the termination of this agreement. These Terms of Service remain in effect until terminated by either you or us. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by ceasing to use our site. If we determine that you have failed, or we suspect that you have failed, to comply with any term of these Terms of Service, we may terminate the agreement at any time without notice, and you will be responsible for all amounts due up to the termination date, and we may deny you access to our Services (or any part of them).
SECTION 17 - ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service, along with any policies or operational rules posted by us on this site or concerning the Service, represent the entire agreement and understanding between you and us, governing your use of the Service and replacing any previous agreements, communications, and proposals, whether written or oral. Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements for the provision of our Services will be governed by and interpreted according to the laws of our location.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service at our discretion by posting updates on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service after any changes are posted constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
For questions regarding the Terms of Service, please contact us at info@faerycakesnyc.com.