These Terms and Conditions (“Terms”) apply to the website https://create-a-treat.shop and any associated web-based applications (the “Website” or “Service”) operated by Create A Treat® (“us”, “our” or “we”). By accessing and using the Website you agree to be legally bound by these Terms.
Read our Terms carefully before using the Website. If you do not agree with any part of these Terms, do not access the Website or use any of our Services.
We may modify these Terms occasionally, so please check back from time to time. By continuing to use the Website after changes are made, you agree to be legally bound by the updated Terms.
1. Our Website
The Website allows you to browse and purchase gingerbread house kits and other seasonal baking kits online. You must be at least 18 years old or have parental consent to use the Website.
The Website and its contents are intended solely for personal, non-commercial use. As a user, you agree not to use the Website or any of our Services for any commercial purposes including resale, rent, lease, license, distribute or otherwise commercialize any of the content.
2. Use of Our Website
You agree to use the Website legally, responsibly, and in a manner that does not disrupt or degrade any of our services, systems, or websites.
Specifically, you agree that you will not:
- Use the Website for any fraudulent, unlawful, or malicious purposes.
- Reproduce, duplicate or copy any content from the Website without our express written consent.
- Access, interfere with or damage the Website, including through hacking, harvesting or scraping. This includes any action that imposes an unreasonable load on our infrastructure.
- Use any automated means to access the Website or collect data from the Website.
- Circumvent any access controls, security measures or usage rules of the Website.
- Post or transmit any threatening, abusive, defamatory or obscene content through the Website.
- Violate the privacy or infringe the rights of others through your use of the Website.
- Distribute viruses, corrupted files or anything else designed to interfere with or damage the Website or its users’ devices.
We reserve the right to terminate or restrict your access to the Website if you violate any of these Terms.
3. Your Create A Treat® Account
You may need to create an account to use some features of the Website or place an order.
When you create an account, you agree to:
- Provide accurate and complete registration details, including a valid email address that you control.
- Keep your account password confidential and secure.
- Promptly update your account details if they change.
- Use only one Create A Treat® account per person.
- Take full responsibility for any activity that occurs through your account.
We reserve the right to suspend, disable or delete your account if you violate any of the account use terms, these Terms, or any other policies.
4. Ordering Products
The following terms apply when ordering gingerbread house kits or other products on our Website:
- Product availability: Inventory is not reserved until your order is shipped. We may run out of stock just before an item is purchased.
- Pricing: Prices on the Website are quoted in U.S. dollars and may change from time to time without notice. Price and availability information is subject to change.
- Shipping costs: We will calculate exact shipping costs at checkout based on your delivery address. Additional duties, taxes or fees may apply for international orders.
- Delivery policy: We will deliver your order to the address specified at checkout. Delivery timeframes vary between products. We cannot guarantee orders will arrive by specific dates like Christmas, and are not liable for any delays.
- Risk of loss: Risk of loss for goods passes to you when we transfer the ordered products to the carrier.
- Returns and refunds: If you are dissatisfied with a product, please contact us to arrange a refund or exchange. We accept unused returns in original packaging within 30 days of delivery. Customized or perishable products cannot be returned.
- Payment terms: We accept Visa, MasterCard, American Express and PayPal. Charges are made when an order is confirmed and product is shipped. If payment fails, we reserve the right to cancel your order.
5. Intellectual Property
The content on the Website including text, graphics, logos, images, product names and other materials is our intellectual property or licensed to us. It is protected by copyright, trademark and other intellectual property laws.
You may not modify, distribute, publish, perform, reproduce, republish or create derivative works from this content without our express written consent.
Using our logos or trademarks without written permission is also prohibited, except to accurately identify our products and services.
6. User Content
If you post, upload or share content on the Website, you grant us a non-exclusive, royalty-free, perpetual and irrevocable license to use that content for business purposes. This includes reproducing, modifying, distributing, publishing or otherwise commercially benefiting from your user content in any way.
You represent that any content you post or share does not infringe any third party intellectual property or privacy rights. We cannot be held responsible for any user content that violates laws, regulations or rights of others.
We may remove or delete any user content from the Website at our discretion without notice to you.
7. Links To Other Websites
The Website may contain external links that take you outside of our website to third party sites. These sites are governed by their own terms of use and privacy policies. We are not responsible for the content, practices or operation of any third party site.
8. Cookies And Tracking Technology
The Website uses cookies (small data files stored on your device) and other tracking technologies like pixels and web beacons. These help provide a better experience for you, enable core site functionality, and allow us to analyze website traffic and trends.
We use both session cookies (deleted when your browser window closes) and persistent cookies (remain until you manually delete them from your device).
You can control cookie settings and preferences through your browser settings. However disabling cookies may impact your ability to use parts of the website.
9. Disclaimers
Your access to and use of the Website is at your own risk.
We strive to provide useful and accurate information on the Website. However, we make no warranties of any kind, whether express or implied, about:
- The accuracy, completeness or usefulness of content on the Website.
- Loss of data or service interruptions. The Website and its servers are provided on an “as is” basis.
- Viruses or other harmful effects resulting from your use of the Website or any external sites.
- Security vulnerabilities in the Website, bugs, errors, or technical inaccuracies.
- Damage resulting from your access, use or inability to use the Website and its content.
- The conduct or content of any user.
We are not liable for any indirect, incidental, consequential, special or exemplary damages arising out of your use of the Website. This includes loss of revenue, data, opportunity or goodwill, pain and suffering, costs of procuring substitute goods or services, or any other intangible loss.
10. Indemnity
As a user of the Website, you indemnify Create A Treat® against any loss, liability, claim, demand, or damage including reasonable attorneys fees, made by any third party relating to or arising from:
- Your use of the Website in violation of these Terms.
- The content you submit or transmit through the Website.
- Any activity related to your account by you or others who access your account with consent or knowledge.
- Your violation of any law or rights of others.
11. Limitation Of Liability
Our maximum liability arising out of your use of the Website and our Services is limited to the total amount of fees collected from you in the past year.
Further, we are not liable for damages of any kind resulting from your use of or inability to access the Website or from any content provided on the Website, whether based on warranty, contract, tort, or any other theory.
We exclude liability for any loss of profits, revenue, business, anticipated savings, data, indirect, consequential, exemplary, incidental, punitive or special damages arising out of or in any way related to these Terms or your use of the Website.
This limitation of liability applies regardless of whether the alleged liability is based on breach of contract, breach of warranty, negligence, strict liability in tort or any other basis.
12. Governing Law
These Terms and any disputes arising from your use of the Website are governed by the laws of the State of California and applicable federal laws of the United States.
By using the Website, you consent and submit to the exclusive jurisdiction and venue of the courts in San Francisco County, California for any legal proceedings relating to use of the Website or these Terms.
13. Modifications To The Website
We reserve the right to modify, update, or discontinue the Website at our sole discretion without notice. We cannot guarantee the Website will operate continuously or without errors or interruption.
14. Modifications To These Terms
We may occasionally amend these Terms. The most current version will always be posted on our Website. Please check back frequently to stay updated on any changes.
Continued use of the Website after amendments indicates you accept and agree to be legally bound by the revised Terms. If you do not agree to the modified Terms, you must stop using the Website immediately.
15. Contact Details
If you have any questions about these Terms, please contact us:
By email: [email protected]
By phone: 555-123-4567
By mail:
Create A Treat®
1234 Gingerbread Lane
Candyland, CA 54321
United States
