Terms and Conditions of Sale
This Agreement contains the terms and conditions that apply to your purchase(s) from YouCake, Inc.-related products, accessories (collectively the Products) and/or services and support (“Services”) sold in the United States. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you.
By placing an order you acknowledge that you have read, accepted and agreed to be bound by these Terms and Conditions and to comply with all applicable laws and regulations including U.S. export and re-export control laws and regulations. These Terms and Conditions apply unless you have signed a separate purchase agreement with YouCake, Inc. These Terms and Conditions are subject to modification without prior written notice at any time in YouCake, Inc.’s sole discretion.
The Terms and Conditions of this Agreement shall govern unless you return the products or discontinue the Services within thirty (30) days after receiving the Products or Services.
Price and Payment Terms
Your total price for the Products and Services will be stated on your purchase receipt. Terms of payment are within YouCake, Inc.’s sole discretion and, unless otherwise agreed to by YouCake, Inc., payment must be received by YouCake, Inc. prior to YouCake, Inc.’s acceptance of an order. Payment for the products and services and support must be made by credit card (Amex, Visa or MasterCard), debit card (issued by Visa or MasterCard) or some other prearranged payment method, unless credit terms have been agreed to by YouCake, Inc.. Orders are not binding upon YouCake, Inc. until accepted by YouCake, Inc., and YouCake, Inc. reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the Products or Services is a mistake. Any price quotations given by YouCake, Inc. will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide YouCake, Inc. with a valid and correct tax exemption certificate.
Shipping and Title
YouCake, Inc. will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. YouCake, Inc. will inform you of estimated shipment dates.
Inspection of Products upon Receipt
You must examine the Products when you receive them. If any item is damaged or missing, you must notify YouCake, Inc. at once. YouCake, Inc. will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery. Unfortunately, we are not able reimburse for edible products, but credit or discount on future YouCake purchases may be an option.
YouCake, Inc. may revise and discontinue Products at any time. YouCake, Inc. will ship you Products that have the functionality and performance of the products you ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. YouCake strives to display as accurately as possible the preview of your topping on the Website. However, since the colors and images that you will see on our Website will depend on a number of factors such as your monitor and its settings, we cannot guarantee that the color or other features of products shipped to in accordance with your order(s) will appear exactly the same as the image you see displayed on the Website.
This warranty gives you specific legal rights. You may also have other rights that vary from state to state. The limited warranties applicable to the Products are included in the documentation along with the Products. YouCake, Inc. makes no express warranties except those stated in this section. Any such warranties will be effective, and YouCake, Inc. will be obligated to honor any such warranties, only upon YouCake, Inc.’s receipt of payment in full for the item to be warranted. YouCake, Inc. disclaims all other warranties, express or implied, including, without limitation, warranties of quiet enjoyment and non-infringement, merchantability for computer programs and implied warranties of merchantability, fitness for a particular purpose and informational content. YouCake, Inc.’s responsibility for warranty claims is limited to the manufacturer’s warranty in effect on the date of the invoice. YouCake, Inc. reserves the right to modify its warranty at any time, in its sole discretion.
Limitation of Liability
YouCake, Inc. shall have no liability whatsoever beyond the remedies set forth herein, including, without limitation, loss of data, lost profits, loss of business, or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services you purchase under this agreement. In no event shall the total aggregate liability for YouCake, Inc. exceed the amounts paid by you for the products or services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Return Policies and Exchanges
YouCake is not able to refund edible products. If you bought Products directly from YouCake, Inc. that are defective, you may return them to YouCake, Inc. up to thirty (30) days from the date of the invoice for a credit or discount on your next YouCake purchase. To make a complaint about a topping you received, you must call YouCake, Inc. Customer Service at (212) 358 -7791 to receive a credit or discount. You must ship the Products to YouCake, Inc. in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. From time to time, YouCake, Inc. may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with YouCake, Inc.’s exchange policies in effect on the date of the exchange.
YouCake, Inc. provides customer support options for its Products. Many of these support options are available to you for a variety of other issues without charge. YouCake, Inc. will inform you before it provides you with any support for which a fee will be charged. YouCake, Inc. may change the means through which it provides customer support at any time. A number of information sheets and other publications accompanied your Products. In addition, there are a number of help files available on the website www.youcake.com. We recommend that you carefully review these materials. You can also obtain answers to your questions through the on-line services at www.youcake.com. These services contain public forums, downloadable files and e-mail support. If you cannot find answers online, you can call technical support at (212) 358-7791. Call volume can vary dramatically and affect your ability to reach YouCake, Inc. technical support and/or the time you may be required to wait to speak to a customer service agent.
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and YouCake, Inc..
Applicable Law; Not For Resale
This Agreement is made and shall be construed in accordance with the laws of the State of New York in courts located in the County of New York. Reasonable attorney’s fees shall be reimbursed by the losing party to the prevailing party in litigation. You agree and represent that you are buying for your own internal use only, and not for resale. YouCake, Inc. has separate terms and conditions governing resales.
The headings of Sections of this Agreement are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
YouCake, Inc. shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.
If you feel that we are not abiding by these terms, you should contact us immediately via email at : email@example.com.