Terms & Conditions
This Website is operated by Sugarfina. All inquiries may be directed to:
9495 South Santa Monica Blvd
Beverly Hills, CA 90210
Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the sugarfina.com/ca Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Sugarfina, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be the age of majority in your jurisdiction of residence 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the sugarfina.com/ca Website.
Use of Website
The sugarfina.ca Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Sugarfina’s goods and services and/or to otherwise transact business with or contact Sugarfina, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Sugarfina. This policy is intended to protect the privacy and freedom of Sugarfina’s customers and the personal relationship Sugarfina works to develop with its customers and others authorized to use its Website.
Confirmation of Order
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 cancelling your order.
You must pay in full by debit or credit card in advance when you submit an order through our Website.
Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees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. Please contact us to make arrangements.
Sugarfina cannot confirm the price of an item until after your order is placed.
Pricing errors may occur on the Sugarfina website. Sugarfina reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Sugarfina. Sugarfina may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Sugarfina website vs. products in store.
As nearly all of our products are either edible or personalized, all sales are final and no refunds or store credit will be issued.
Orders cannot be cancelled once Sugarfina has begun processing the order. In order to promptly deliver our candy as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and 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 it.
The prices displayed on this Website are quoted in Canadian Dollars and are valid and effective only in Canada. Additional shipping and other charges may apply for orders outside of Canada, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. Subject to the foregoing, you will be responsible for all applicable taxes, regardless of the amount initially quoted on this Website at the time of your order.
Price quotes are good for thirty (30) days. Unless otherwise stated by Sugarfina, pricing for custom orders includes two rounds of reviews for custom artwork, so that you will have the opportunity to review a draft of the artwork and then review any revisions made based on your comments arising from your initial review. Additional design changes will incur an additional CA$100.00 charge for each additional round of design drafts and review. Sugarfina will provide proofs of custom artwork that must be approved by you in person or via fax or email. By finalizing your order, you are verifying that all information is accurate.
Sugarfina is not responsible for any errors in artwork or copy provided by you. Sugarfina is not responsible for any errors once such custom work has been approved by you.
Delivery will be deemed to have taken place at the time Sugarfina places an order in the possession of any carrier service (e.g., Canada Post 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.
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) in 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 court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Sugarfina using the images you supply.
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.
To the fullest extent permitted by applicable law, Sugarfina warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty or condition of any kind, express or implied, oral or written. In particular, but without limitation, no warranty or condition is given that the goods are suitable for the particular purposes intended by you.
Limitation of Liability
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.
Submissions and Use of Community Features
We welcome your comments regarding the sugarfina.com/ca Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to sugarfina.com/ca shall be and remain the exclusive property of Sugarfina. Your submission of any such Comments shall constitute an assignment to Sugarfina of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Sugarfina will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
This Website and all contents of this Website are provided on an “as is” basis, without warranties or conditions of any kind, either express or implied, including without limitation warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Sugarfina shall not be liable for any damages of any kind related to your use of this Website.
Sugarfina takes the utmost care and concern for your privacy while you are shopping on our Website. In order to process orders we need to obtain certain information such as your name, shipping and billing information, phone number, email and credit card information. We will only use your personal information to process your orders, provide you with customer service and marketing updates, and respond to any comments and questions you may have. Transactions on our Website are secured and our Website does not store your credit card information. We will not keep your personal information for longer than required or permitted in accordance with applicable law. Sugarfina does not share any personal information gathered from our Website with any third party, except as necessary to fulfill the above purposes or where required or permitted by applicable law.
You agree that: (i) the services being provided and goods sold by Sugarfina shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Sugarfina, either specific or general, in jurisdictions other than California. 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 that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms and Conditions, and any other legal notices published by Sugarfina on the Website, shall constitute the entire agreement between you and Sugarfina regarding your use of Sugarfina’s Website. 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SUGARFINA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.