Terms and Conditions
Agreement between User and www.pastryaddict.com
Welcome to www.pastryaddict.com. The www.pastryaddict.com website (the "Site") is comprised of various web pages operated by Pastry Addict LLC ("Pastry Addict").
www.pastryaddict.com is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the "Terms"). Your use of www.pastryaddict.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.pastryaddict.com is an E-Commerce Site.
Clients visit my site to order custom desserts for various events or personal use. Clients also have
the option to subscribe to my mailing list to receive exclusive access to future releases, discounts
Electronic Communications Visiting www.pastryaddict.com or sending emails to Pastry Addict constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Pastry Addict is not responsible
for third party access to your account that results from theft or misappropriation of your account.
Pastry Addict and its associates reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content in our sole discretion.
Children Under Thirteen
Pastry Addict does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.pastryaddict.com only
with permission of a parent or guardian.
Existing orders can be canceled by contacting me at 404-500-9760 or
firstname.lastname@example.org. Event/party/personal orders have to be canceled at least 2 weeks
prior to your event date. Wedding orders have to be canceled at least 1 month prior to the wedding date. All monies paid to date (minus the non-refundable retainer) will be returned to the
client if proper notice is given. If your order is canceled WITHOUT the proper notice, you will
forfeit all monies paid to date to cover any fees incurred, purchased supplies, and order priority.
Should you be unsatisfied with your order after delivery/pick up, Pastry Addict can offer a
replacement dessert for all orders that are equal or less than $50. For larger orders, a replacement
dessert can be provided (value equal or less than $100) with a 30% discount on a future order.
We do NOT offer full monetary refunds after delivery/pickup under any circumstances.
Links to Third Party Sites/Third Party Services
www.pastryaddict.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of Pastry Addict and Pastry Addict is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Pastry Addict is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Pastry Addict of the site or any association with its operators.
Certain services made available via www.pastryaddict.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.pastryaddict.com domain, you hereby acknowledge and consent that Pastry Addict may
share such information and data with any third party with whom Pastry Addict has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.pastryaddict.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
of the Site, you warrant to Pastry Addict that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Pastry Addict or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Pastry Addict content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Pastry Addict and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Pastry Addict or our licensors except as expressly authorized by
Third Party Accounts
You will be able to connect your Pastry Addict account to third party accounts. By connecting
your Pastry Addict account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
The Service is controlled, operated and administered by Pastry Addict from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Pastry Addict Content accessed
through www.pastryaddict.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
You agree to indemnify, defend and hold harmless Pastry Addict, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Pastry Addict reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pastry Addict in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pastry Addict agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PASTRY ADDICT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. PASTRY ADDICT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PASTRY ADDICT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PASTRY ADDICT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PASTRY ADDICT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Pastry Addict reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby
consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Pastry Addict as a result of this agreement or use of the Site. Pastry Addict's performance
of this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Pastry Addict's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pastry Addict with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pastry Addict with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Pastry
Addict with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pastry Addict reserves the right, in its sole discretion, to change the Terms under which
www.pastryaddict.com is offered. The most current version of the Terms will supersede all
previous versions. Pastry Addict encourages you to periodically review the Terms to stay informed
of our updates.
Pastry Addict welcomes your questions or comments regarding the Terms:
Pastry Addict LLC
715 Parkway Cir N
Atlanta, Georgia 30340
Effective as of May 30, 2018