Terms & Conditions

TERMS OF USE

This Website is operated by Sweetly Kismet. All inquiries may be directed to:

Sweetly Kismet
1707 MN-210 W
Carlton, MN 55718

Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the Sweetly Kismet’s Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Sweetly Kismet, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the Sweetly Kismet Website.

USE OF WEBSITE

The Sweetly Kismet Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Sweetly Kismet’s goods and services and/or to otherwise transact business with or contact Sweetly Kismet, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Sweetly Kismet. This policy is intended to protect the privacy and freedom of Sweetly Kismet’s customers and the personal relationship Sweetly Kismet works to develop with its customers and others authorized to use its Website.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order

PAYMENT

You must pay in full by debit or credit card in advance when you submit an order through our Website. Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Sweetly Kismet.

PRICING INFORMATION

Sweetly Kismet cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Sweetly Kismet website. Sweetly Kismet reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Sweetly Kismet. Sweetly Kismet may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Sweetly Kismet website vs. products in store.

NO REFUNDS

As nearly all of our products are edible, all sales are final and no refunds or store credit will be issued. See Shipping, Returns, & Exchanges page.

CANCELLATION/REFUNDS

Orders cannot be cancelled once Sweetly Kismet has begun processing the order. In order to promptly deliver our candy as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. We are unable to accommodate requests to change or cancel an order after two hours have passed since the order was placed. Any changes to or cancellation of an order can only be made with Sweetly Kismet’s prior written approval and additional charges may apply. Any agreement by Sweetly Kismet to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Sweetly Kismet to that point, and you agree that such amounts may be deducted from any payments previously made to Sweetly Kismet. Accordingly, we encourage you to carefully check your order before submitting it.

You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms. Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Sweetly Kismet using the images you supply. For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Sweetly Kismet to reproduce the images has been obtained. We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Sweetly Kismet’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.

WARRANTY

Sweetly Kismet warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Sweetly Kismet shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Sweetly Kismet.

SUBMISSION AND USE OF COMMUNITY FEATURES

We welcome your comments regarding the Sweetly Kismet Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to sugarfina.com shall be and remain the exclusive property of Sweetly Kismet. Your submission of any such Comments shall constitute an assignment to Sweetly Kismet of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Sweetly Kismet will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

DISCLAIMER

This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Sweetly Kismet shall not be liable for any damages of any kind related to your use of this Website.

INDEMNIFICATION

You agree to defend, indemnify and hold Sweetly Kismet harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of Sweetly Kismet’s Website in violation of these Terms of Use.