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 canceling your order.
PAYMENT
All prices, estimates, orders, and invoices are in USD.
Orders must be paid in full by credit card, debit card or corporate check when you submit an order through our website, email, fax, or telephone.
Payment information will be collected at the time of placing the order.
You authorize Sugarfina USA LLC to charge your credit card on file with us for your orders and any additional charges that accrue.
Full payment must be received in advance before any goods are shipped.
If any payment is subsequently withdrawn, disputed, charged back or reversed in any way, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Sugarfina.
If you are placing an order through a company, we may agree to credit terms via a separate written agreement.
As nearly all of our products edible, all sales are final, and no refunds or store credit will be issued.
If product has been approved to be returned for QA inspection, you must work with your sales representative to request a return authorization (RA#).
Product returned without an RA# will be destroyed and deemed “damaged” and the Customer will be responsible for the cost of the product and any re-order of replacement products.
You must inspect your order within seven (7) days of delivery and report any damage or non-conformance to Sugarfina within that period.
If you fail to inspect and report damage or non-conformance within the 7-day period, your order will be deemed accepted.
If your order is damaged, you must submit photos of the damage to Sugarfina in order to be eligible for replacement.
You must also retain any boxes that your order was contained in so that our shipping partner can collect your order.
CANCELLATION / REFUNDS
Orders cannot be canceled once Sugarfina has begun processing the order.
In order to promptly deliver our candy, the processing of packing and shipping commences almost immediately once you have approved your order.
However, should you wish to change or cancel your order, please contact your account representative to check whether the processing of an order has commenced.
If it has not, we may be able to accommodate your request to cancel and will do our best to meet your needs.
Any changes to or cancellation of an order can only be made with Sugarfina’s prior written approval and additional charges may apply.
Any agreement by Sugarfina to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Sugarfina to that point, and you agree that such amounts may be deducted from any payments previously made to Sugarfina.
Accordingly, we encourage you to carefully check your order before submitting.
DELIVERY
Delivery will be deemed to have taken place at the time Sugarfina places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery.
Sugarfina is not responsible for lost, stolen or damaged goods once an order leaves our possession.
If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day.
You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries.
Once your order is in the hands of the carrier, we have no control over the delivery process, and we recommend you choose a delivery date at least one day early to avoid disappointment.
We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.
WARM WEATHER SHIPPING
Sugarfina may choose to edit shipping days during the hotter months of the year.
For customers located farther than a three-day transit time (reach out to your Sugarfina sales representative if you are unsure of transit time to your location), we may advise you to upgrade your shipping to avoid melting of products.
If you elect not to upgrade your shipping method, Sugarfina will not be responsible or offer any replacement or reimbursement for melting.
PACKAGING
To the extent that Sugarfina “Candy Cubes” are packed in a box that Customer delivers to a consumer, the box must be provided by Sugarfina.
In particular, Sugarfina packaging is protected in the United States and in foreign jurisdictions by one or more of patents, design rights, copyrights, and trademark trade dress.
Copying Sugarfina packaging without Sugarfina’s express written QUOTES / CUSTOM ORDERS / CHANGES Price quotes are good for thirty (30) days.
Every customized order requires a $100 design fee, even if the artwork is provided by the Customer.
Unless otherwise stated by Sugarfina, pricing for custom orders includes three (3) rounds of reviews for custom artwork.
You will have the opportunity to review a digital Pre-Production Sample (PPS) of the artwork and make revisions.
Additional design changes will incur an additional $25 charge for each additional round of design drafts and review past the third round.
Sugarfina will provide digital proofs of custom artwork that must be approved with a signature and returned via email.
By signing and approving your order, you are verifying that all information is accurate.
Sugarfina is not responsible for any errors once such custom work has been approved by you.
In order to ensure the consistency of the Sugarfina brand and protect its intellectual property rights, Customer may not alter, obscure, or change Sugarfina product packaging in any manner without the express written consent of Sugarfina.
We will accept design artwork from customers, but Sugarfina will print and apply all customizations to the product ordered by the Customer.
We will accept design files in (.jpg, .png, .ai, .eps and .psd) formats.
Sugarfina must approve any Customer-provided artwork and reserves the right to request changes at Sugarfina’s discretion.
COPYRIGHT
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 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 Sugarfina 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 Sugarfina’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.
WARRANTY/LIMITED LIABILITY
Sugarfina 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.
In no event, at any time, shall the aggregate liability of Sugarfina exceed the amount paid by you to Sugarfina for the goods or services being purchased and Sugarfina shall not be responsible for any lost profits or other damages, including special, direct, indirect, incidental, consequential or any other damages, however caused.
Without limitation, to the fullest extent permitted by applicable law, Sugarfina 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 Sugarfina.
PROPOSITION 65
For any Sugarfina products which Customer intends to market or sell in California, Customer must comply with the Safe Drinking Water and Toxic Enforcement Act of 1986 (otherwise known as “Prop 65”) warning requirements.
If Sugarfina products are sold via e-commerce, Customer must ensure that purchasing webpages for the Sugarfina products contain a warning notice in compliance with the requirements of Prop 65.
If Sugarfina products are sold in any retail establishment in California, Customer must have appropriate signage at point of purchase through either the recommended :
a) purchase Prop 65 compliant labeling from Sugarfina at an added premium of $0.05 per item, or
b) ensure that Sugarfina products made available for sale in any retail establishment are at all times accompanied by a Prop 65 compliant warning notice in the form of an appropriate warning on the product display i.e. ‘shelf talker’.
Additionally, Customer agrees that if Customer does not opt to purchase Prop 65 compliant labels from Sugarfina, it shall fully indemnify Sugarfina from any Prop 65 claim which arises from its sale of the products.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, hold harmless, and defend Sugarfina USA LLC, its affiliates and subsidiaries, and their respective agents, officers, directors, employees, partners, consultants, independent contractors, successors and assigns against any and all loss, claim of loss, injury, costs and damages arising from your purchase of Sugarfina’s products.
GENERAL
These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Any claim or dispute between you and Sugarfina shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
These Terms and Conditions shall constitute the entire agreement between you and Sugarfina regarding your order.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Sugarfina’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Sugarfina reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes.
Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
YOU AND SUGARFINA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ORDER WITH SUGARFINA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SUGARFINA AGREEMENT FOR ALCOHOL-CONTAINING CONFECTIONERY PRODUCTS
Included in the Sugarfina product line are several alcohol-containing confections.
Numerous states have laws that prohibit or have limits on the sale of confectionery products that contain alcohol.
Sugarfina expects all of its customers to comply with applicable laws and regulations relating to the purchase and sale of alcohol-containing confectionery products.
Accordingly, Customer agrees to the following:
STATEMENT OF COMPLIANCE:
Customer warrants and guarantees that it will comply with all federal, state, and local laws, regulations, and ordinances applicable to the purchase, sale, and distribution of alcohol-containing confectionery products.
STATEMENT OF INDEMNIFICATION:
Customer agrees to indemnify, defend, and hold harmless Sugarfina USA LLC, and its directors, officers, employees, agents, and affiliates from and against any and all actions, proceedings, claims, lawsuits, disputes, costs and expenses (including attorneys’ fees and costs), judgments, investigations, damages, fines, losses, settlements, and liability whatsoever, whether or not involving a third party claim, which arise out of or relate to the failure, or alleged failure, of Customer to comply with any federal, state, and local law, regulation, or ordinance applicable to the purchase, sale, and distribution of alcohol-containing confectionery products.
SUGARFINA AGREEMENT FOR ALCOHOL-CONTAINING CONFECTIONERY PRODUCTS
