Sweet Rose Creamery
Terms of Purchase and Privacy
Welcome to Sweet Rose Creamery. Please read these Terms of Purchase and Privacy (the “Terms”) carefully before you order any products from us. By submitting an order, you agree to be bound by these Terms.
- Who are we, and why are we here?
We are Sugar Cone, LP (dba Sweet Rose Creamery), a limited partnership organized under the laws of California. Our shops are physically located in the greater Los Angeles area. We also operate one or more websites (including www.sweetrosecreamery.com) through which we sell our cool and delicious products (the “Website”).
- Who are you, and why are you here?
You are visiting our Website, and we hope you are interested in purchasing the products we offer via the Website (the “Products”). All such purchases are subject to the Terms. When you use the Website to purchase any Product, you represent and warrant to us that you: (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not previously materially breached the Terms in connection with prior Product purchases, and (d) have the full power and authority to enter into and perform these Terms, and doing so will not violate any other agreement to which you are a party.
- Can these Terms change?
Yes, we reserve the right to modify these Terms from time to time in our sole discretion and will not specifically notify you of those modifications unless they affect your order. The version of the Terms in effect at the time submit your order is the version of the Terms that applies to that order. Accordingly, you should review these Terms prior to each order. If you do not agree to the modified Terms, then you may not submit orders or purchase Products.
- What information must you provide to us to order Products, and what happens with that information?
In order to purchase Products, you must provide certain information for us to fulfill the order, including, for example, names, physical addresses, email addresses, and phone numbers for a billing contact and a shipping recipient, as well as credit card information for payment. You agree to provide accurate, current and complete information and to update such information from time to time as necessary for us to fulfill orders. If you create an account through the Website, you must maintain the security of your login credentials, and you are responsible and liable for all activities under your account credentials, including any unauthorized activities resulting from your intentional or unintentional sharing of such credentials with others. You must notify us immediately if you discover or suspect any unauthorized activity or other security breach in connection with your account or the information you have provided to us.
When you submit an order to purchase Products via the Website, we will share the information you provide with one or more third-party contractors whom we have engaged to assist us in connection with Product transactions (e.g., credit card transaction processing services, website services, and order fulfillment services). You consent to our using and sharing the information you have submitted as necessary and appropriate to perform our obligations to you for your order, but we will only use your personally identifiable information and payment account information for purposes of fulfilling your orders for Products from us. We will not sell any of your personally identifiable information or payment account information to any third party (except in connection with a sale of our business), and we will not share your information with third-party advertisers.
In addition, by creating an account or signing up for our mailing list, you also consent to receive communications from us relating to your account, these Terms, your orders, our Products, and our periodic newsletters or promotions. You may opt out of receiving promotional communications, but may not opt out of receiving communications relating to your account, these Terms, and any of your orders for Products. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
- If you submit an order, what are the terms of sale?
- Ordering through the Website. Orders must be received before posted cutoff times to try to ensure timely delivery. You will see the available delivery windows and associated delivery charges as you proceed through the ordering and checkout process.
- Price and Availability. All prices are shown in U.S. dollars. Applicable taxes and other charges, if any, are additional unless expressly included in the pricing given. We will do our best to ensure that you have timely and accurate Product pricing and availability information when you order. We will notify you if there are any changes to Product pricing and availability after you have submitted your order, and you will have the option to cancel your order as a result of any such changes. At the time of your order, we will provide you a quote for delivery charges for the initial shipment. For orders involving multiple shipments over time, the delivery charges for future shipments will be based on the cost at the time of shipment. Our expectation is that the delivery charges for future shipments should be similar to the delivery charges for the initial shipment, but those charges are subject to adjustment if our delivery costs change (e.g., if the delivery service changes its fees).
- Delivery of Products.
- When we ship ice cream, we use refrigerated shipping solutions (dry ice, for example) to maintain the quality and integrity of the Products. We will package Products to try to ensure that ice cream remains frozen in the unopened delivery box at normal room temperature for several hours from the time of delivery, but you are responsible for verifying the accuracy of the delivery address and for receiving deliveries when they arrive. You should immediately transfer ice cream to a freezer upon delivery. Ice cream may remain frozen for a longer or shorter time depending on the season and the temperature where delivery is made. We reserve the right to restrict delivery locations or cancel orders if we believe that your proposed delivery location is problematic under the circumstances. If we find a problem with your proposed delivery location, we will contact you to make alternative arrangements or to cancel your order and provide a credit or refund.
- You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that the ice cream arrives substantially frozen. Following delivery, as between you and us, you are solely responsible for the proper and safe storage and handling of food Products.
- Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
- We depend on commercial delivery or courier services to deliver Products to you. Any delivery dates we provide are based on their estimated delivery times. Actual delivery dates may be sooner or later than estimates for reasons beyond our control (including inclement weather or failures of the delivery services). All Products purchased from us are made pursuant to a shipment contract with the third-party delivery services. Title to and the risk of loss of such Products pass to you upon our delivery of the Product to the third-party delivery service.
- Product Ingredients and Dietary Restrictions. We will use reasonable efforts to provide accurate listings of ingredients in the Products. However, we may periodically change or substitute ingredients due to market conditions or changes to Product recipes. We do not guarantee the accuracy of any ingredient or nutritional information provided in connection with our Products, and we are not liable for any loss or damage resulting from your reliance on such ingredient or nutritional information, nor for ensuring that whatever Products you or others consume are in accordance with dietary restrictions. We take reasonable precautions to limit the potential for cross-contamination of Products with allergens not intended to be included in such Products, but cross-contamination may occur between food products, allowing any Product to contain any of the major U.S. allergens (milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts). If you have specific dietary restrictions or allergies, you may contact our customer service for more information.
- Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (and our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes, delivery charges, and other charges). When you submit an order for multiple Product shipments over time (e.g., four shipments over the course of a year), you authorize us at the time you submit the order to charge your payment method for the full amount of each shipment under that order at or around the time of such shipments (including the Product prices, taxes, delivery charges, and other charges applicable at the time of shipment). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, you authorize us to charge such amount directly to the payment method you used for your order, and we may suspend or terminate your ability to order Products. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
- Taxes. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with our obligations to collect such taxes.
- No Resale or Commercial Purchases. We sell our Products to you for your personal enjoyment. You are not permitted to resell or otherwise use the Products for commercial purposes.
- Returns and Refunds.
- If you are dissatisfied with a food Product for any reason, please contact our customer service within seven (7) days of the date you received the Product. We may require the return or photographic documentation of any Product with which you are dissatisfied before we take any action. Any such action is at our sole discretion.
- If you are dissatisfied with any non-food Product you purchased through the Website, you may return the Product (which must be in new and unused condition in its original packaging and with any tags still attached) within thirty (30) days of the date you received the Product by contacting our customer service and following the shipping instructions we supply. Return shipping is at your expense. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.
- Do the Products come with any warranties or guarantees?
No. ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES AS TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM TRADE USAGE, CUSTOM, OR COURSE OF DEALING. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. We attempt to display the Products and information on the Website, including Product images, pricing, and nutritional information, as accurately as we can. However, we do not guarantee the accuracy of such information. Further, the Products and other materials you receive in your order may vary (in appearance or otherwise) from the Products and materials that you viewed on the Website due to factors such as constraints of computers and their ability to render images accurately, modifications or replacements of ingredients, and variability in preparation methods and equipment. WE ARE NOT RESPONSIBLE FOR ANY CLAIMS RESULTING FROM YOUR RELIANCE ON THE ACCURACY OF IMAGES AND INFORMATION ON THE WEBSITE.
THE WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
- What else do you need to know about these Terms?
- Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless us, and our past, present and future employees, officers, directors, contractors, consultants, equity-holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SRC Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance) of every kind and nature whatsoever suffered or incurred by an SRC Party, whether in tort, contract or otherwise (collectively, “Claims”) that are caused by, arise out of or are related to (a) your use or misuse of the Products, (b) your violation of these Terms, (c) your violation of the rights of another, and (d) any third party’s use or misuse of the Products provided to you. You agree to promptly notify us of any third-party Claims and cooperate with the SRC Parties in defending such Claims. You further agree that the SRC Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities (if any) set forth in a written agreement between you and us.
- Limitation of Damages and Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL ANY OF THE SRC PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE PURCHASE OR USE OF ANY PRODUCT, THE USE OF THE WEBSITE, OR OTHERWISE RELATED TO THESE TERMS REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) THE MAXIMUM AGGREGATE LIABILITY OF THE SRC PARTIES FOR YOUR DIRECT, OUT-OF-POCKET DAMAGES ARISING FROM OR RELATING TO THESE TERMS AND/OR YOUR PRODUCT PURCHASES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU UNDER THE ORDER(S) GIVING RISE TO YOUR CLAIM.
IN ADDITION, IN NO EVENT SHALL WE BE LIABLE FOR ANY FAILURE OF PERFORMANCE DUE TO CIRCUMSTANCES OUTSIDE OUR CONTROL, INCLUDING ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SYSTEMS.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE SRC PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
- Governing Law; Venue. The laws of the State of California govern these Terms and any matters arising from or relating to these Terms or the Products offered (without regard to California’s or any other jurisdiction’s conflict of law principles). You and we agree to submit to the exclusive personal jurisdiction of, and agree that venue is only proper in, the state or federal courts located in Los Angeles County, California in any legal action or proceeding arising from or relating to these Terms that is not arbitrable or otherwise subject to Section 7.4 (Dispute Resolution), including any action in which a party seeks injunctive or other equitable relief.
- Dispute Resolution. Should a dispute arise concerning these Terms or any Product or the breach of these Terms by any party hereto, you and we agree to use our best efforts to resolve any such matter informally. If either you or we have a dispute, the party initiating the dispute must provide the other with written notice of the dispute within thirty (30) days of the dispute arising. Your notice must include (a) your name, mailing address, telephone number, the email address you use or used for your order, and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with these Terms and will include (1) our name, mailing address, telephone number, and an email address at which we can be contacted with respect to the dispute, (2) a description in reasonable detail of the nature or basis of the dispute, and (3) the specific relief that we are seeking. If you and we are unable to resolve the matter promptly, any dispute arising from or relating to these Terms and/or the Products shall be finally settled by binding arbitration pursuant to this Section. Any such arbitration must occur in Los Angeles County, California using the English language, and the arbitration shall be conducted in accordance with the Streamlined Arbitration Rules and Procedures (the “Rules”) of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) that are then in effect, as modified by this Section. The arbitration shall be conducted by a single arbitrator with substantial experience in resolving contract disputes, who shall be selected in accordance with the Rules. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Subject to these Terms and the Rules, the arbitrator has the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding the dispute, including the determination of whether the dispute is arbitrable, and the arbitrator has the authority to grant any remedy that would otherwise be available in court (provided, however, that the arbitrator has no authority to conduct a class arbitration or other combined action, which are prohibited by these Terms. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against us and/or any SRC Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that we incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you agreed to, or are deemed to have agreed to, these Terms as provided hereunder. If you opt out of these provisions, you are agreeing to resolve all disputes arising from or relating to these Terms or the Products pursuant to Section 7.3 (Governing Law; Venue) above.
- Termination. These Terms are effective upon your indication of acceptance (e.g., by submitting an order) and shall continue in full force and effect until terminated. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website and to purchase Products at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. The provisions of these Terms that naturally would survive such termination do survive.
- Notices. We may provide notices to you under these Terms through a posting on the Website or by mail or email to the address you provided in connection with your order. You may provide notices to us by using the contact information for us found on the Website.
- Miscellaneous. These Terms are the entire agreement between you and us regarding the Products and your orders via the Website. You agree that these Terms are not intended to confer, and do not confer, any rights or remedies upon any person or entity other than you, us, and SRC Parties. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of these Terms shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms, and any rights and obligations granted hereunder, may not be transferred, assigned, or delegated by you without our prior written consent. Any cause of action by you arising from or relating to these Terms or the Products you have ordered must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.
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