TERMS AND CONDITIONS OF SALE
These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.makerspantry.com (the “Site”). These Terms are subject to change by Makers Pantry (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 7).

1. Order Acceptance and Cancellation. 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. No order is final until shipped. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled before your order is shipped, you will receive a prompt refund of the amount charged. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed, in which case, we will use commercially reasonable efforts to cancel the order if requested.

2. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

3. Shipments and Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Standard shipping for orders is within 2-5 days following our acceptance of your order. All orders shipped will require the carrier or delivery service to obtain a signature to make the delivery.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier for delivery. We are not responsible for the shipping or condition of our products once they leave our facility. If a product arrives damaged, please contact us within 3-5 days of receipt and we will use reasonable efforts to arrange for a replacement shipment.

4. Warm Weather and Other Special Handling. Chocolate begins to melt at 75°F. Insulated packaging, extra cushioning and freezer packs will be used to protect shipments when the temperature at the destination or during transit may exceed 75°F. We reserve the right to determine if special shipping and handling fees will apply to your order and you agree to pay all such fees based on our determination of weather conditions and other shipping conditions that might affect our products. We are unable to ship orders when the temperatures are anticipated to reach 90°F anywhere in transit as determined by us in our sole discretion. These orders will be held until we determine in our sole discretion that temperatures have reached an acceptable range. We reserve the right to use alternate shipping means and methods in our sole discretion or to change our standard shipping policy in our sole discretion.

5. Returns and Refunds. Given the uniqueness of each order and the customization of products that may occur, our products are generally non-returnable. Exceptions may be made as determined by us in our sole discretion, in which case, returns will only be accepted upon our prior written consent and, in no case, more than 48 hours after delivery to a recipient. In the case of an obvious flaw or the nonconformity of the products delivered with respect to an order, we will replace the product at no charge to you. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. Refunds are processed within approximately 3-5 business days of our receipt of your returned items. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

7. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

8. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

10. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Makers Pantry.

11. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.