Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Sensible Edibles Bakery (“we,” “us” or “our”), concerning your access to and use of the wholesale.sensibleedibles.com order form and related services (collectively, the “Site”).
By accessing the Site or placing an order, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree, you are prohibited from using the Site and must discontinue use immediately.
We reserve the right to make changes or modifications to these Terms and Conditions at any time, by updating this page. It is your responsibility to periodically review these Terms. Your continued use of the Site after a change is posted constitutes acceptance.
Return & Refund Policy
Thanks for shopping at Sensible Edibles. If you are not entirely satisfied with your purchase, we’re here to help.
Returns
You have 1 day from the date of delivery to report an item for return. To be eligible, the item must be unused, in the same condition as when you received it, and in its original packaging. A receipt or proof of purchase is also required.
Refunds
Once we receive your returned item, we will inspect it and notify you of its status. If approved, we’ll process your refund to your original payment method. Refunds are typically issued within 2 business days, but processing times may vary depending on your card issuer.
Shipping
You will not be responsible for paying for your own shipping costs for returning your item. Contact us if you have any questions on how to return your item to us.
Intellectual Property Rights
Unless otherwise indicated, the Site and all of its content — source code, databases, software, designs, text, photographs, graphics, trademarks, service marks, and logos — are owned or licensed by us and are protected by copyright and trademark laws.
You are granted a limited license to access and use the Site solely for placing wholesale orders. No part of the Site may be copied, reproduced, republished, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.
User Representations
By using the Site, you represent and warrant that:
- all registration and order information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update it as necessary;
- you have the legal capacity, and the authority to bind any entity on whose behalf you are ordering, to agree to these Terms;
- you will not access the Site through automated or non-human means (bot, script, scraper, etc.);
- you will not use the Site for any illegal or unauthorized purpose;
- your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site.
Prohibited Activities
As a user of the Site, you agree not to:
- systematically retrieve data or content from the Site to create a collection, compilation, or database without written permission from us;
- make any unauthorized use of the Site, including collecting usernames or email addresses for sending unsolicited email;
- circumvent, disable, or otherwise interfere with security-related features of the Site;
- trick, defraud, or mislead us or other users, especially to obtain sensitive account information such as passwords;
- engage in any automated use of the system (scripts, bots, data mining, scrapers, etc.);
- interfere with, disrupt, or create an undue burden on the Site or related networks;
- attempt to impersonate another user;
- harass, annoy, intimidate, or threaten any of our employees or agents;
- upload or transmit viruses, Trojan horses, or other malicious code;
- use the Site in a manner inconsistent with any applicable law or regulation.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.
Term and Termination
These Terms and Conditions remain in full force and effect while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms.
If we terminate or suspend your account, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
Governing Law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Dispute Resolution
Any legal action brought by either you or us (the “Parties”) shall be commenced or prosecuted in the state and federal courts located in Queens County, New York, and the Parties consent to jurisdiction in those courts. In no event shall any claim brought by either Party related to the Site be commenced more than 1 year after the cause of action arose.
Informal Negotiations
To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with the AAA’s Supplementary Procedures for Consumer Related Disputes where appropriate (www.adr.org). Except where otherwise required, the arbitration will take place in Queens County, New York.
Restrictions
Any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis or in a representative capacity.
Exceptions
The following Disputes are not subject to informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
Indemnification
You agree to defend, indemnify, and hold us harmless — including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees — from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision.
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information, please contact us at:
Dalissa Baking Company Inc.
30-30 47th Ave, #160
Long Island City, NY 11101
(718) 786-1614
info@sensibleedibles.com