Overview
This website is operated by the Owners and staff of Nibblerz Desserts. Throughout the site, the terms “we”, “us” and “our” refer to Nibblerz Desserts as a whole, including the Owners and representatives and/or employees of the the company. We offer the use of this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing goods and/or services from us, you agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you have the express written permission to visit our site and to make purchases as the person deemed to be your parent or guardian.
All content on this site is the property of the Company and my not be borrowed, copied, or reproduced in any way without the express written consent of the Owners of the company. However, we DO grant permission to display on your own website, a link or links back to Nibblerz.com for purposes of cross-promotion, advertising, reference, education or marketing. We reserve the right to revoke this permission at any time on a case by case basis.
You agree that you will not knowingly transmit any harmful code or virus planting software in an effort to damage or cause harm to our site, or the contents herein.
General Service Conditions
We reserve the right to refuse service to anyone for any reason blah blah blah. HOWEVER, you may find comfort that if we DO REFUSE SERVICE that is was NOT based on your race, religion, age, sexual orientation, height, use of language, weather you are a “dog” or a “cat” person, disability, profession, political affiliation, your accent, your SAT scores, criminal status, gender identification, weight, color of your hair, your ability to digest sugar or gluten or nuts, your marital status, chemical dependency, ability to properly use “their”, “there”, and “they’re”, your musical taste or your FICO score, We may refuse service if at any time you are unkind.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Food Safety
By accepting these terms, you understand that edible food items purchased or otherwise received from us were made in a Cottage Food Operation that is not subject to government food safety inspection. Items were prepared and processed in the kitchen of a private home and are described as Baked Goods that: (I) Are not prepared with or contain potentially hazardous foods; (II) Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes; and (III) Do not require time or temperature controls for food safety.
All food items intended for local markets are prepared TO ORDER and are baked or prepared between 1-3 days prior to delivery to the consumer. Items may be stored in a freezer prior to delivery for easier transport. Additionally, all consumables are prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers. Products are sold directly to the consumer and are not intended for resale.
All Owners, full time and part time employees , independent contractors, and temporary staff at Nibblerz have completed a Food Safety Course as provided by the Southern Nevada Health District and the necessary requirements for a Food Handler Safety Training Card.
Cancellations, Returns or Exchanges
We accept returns of non-food items purchased in person and/or through our website if the following conditions are met: (i) must be unopened and in its original packaging. (ii) we are notified within 10 days of receipt that you wish to return (iii) returned items are subject to a 5% re-stocking fee.
Items NOT eligible for return or exchange: (i) any perishable item or food product (ii) custom design items
Cancellations are permitted up to 10 days prior to your event, However we may retain deposits you have made up to $100 for holding that spot open for you .
All items advertised or described are subject to availability. Stock may be limited on style or specific color. We reserve the right to substitute items unavailable for items of equal or greater value. If the substitution relates to color or theme, we will not substitute items that would upset the original theme.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Privacy Policy.
In no case shall {your company}, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Nibblerz Desserts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of {your address}.
Changes To Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Contact Information
Questions about the Terms and Conditions should be sent to us at CustomerService@Nibblerz.com.
