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Terms & Conditions



  Terms & Conditions

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 “THOMASINASCASHEWBRITTLE.COM” website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the “THOMASINASCASHEWBRITTLE.COM” website.

Terms and Conditions

Disclaimer
Neither “THOMASINASCASHEWBRITTLE.COM” nor any of its members, contractors, employees, or other representatives will be liable under any legal theory for any damages whatsoever arising out of or in connection with the use of this site.  Customer agrees that use of the service is entirely at customer’s own risk.  “THOMASINASCASHEWBRITTLE.COM” provides this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. “THOMASINASCASHEWBRITTLE.COM” disclaims all such representations and warranties, whether express or implied, including, but not limited to, the warranties of merchantability and fitness for a particular purpose. In addition, “THOMASINASCASHEWBRITTLE.COM” does not represent or warrant that the information accessible via this site is accurate, complete or current. “THOMASINASCASHEWBRITTLE.COM” does not guarantee that the colors online are exact matches to the actual color.

This disclaimer of liability applies to any damages or injury caused by any  failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Neither the service nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty.  Customer hereby acknowledges that the provision of this section shall apply to all content of the service.
Use of this site is an acknowledgment that “THOMASINASCASHEWBRITTLE.COM” is not liable for the defamatory, offensive or illegal conduct of third-parties and that the risk of injury from the foregoing rests entirely with users of this site

Indemnification
You agree to defend, indemnify and hold “THOMASINASCASHEWBRITTLE.COM” harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site

Jurisdiction
This site was created and is maintained, located, and controlled by “THOMASINASCASHEWBRITTLE.COM”  in the State of Minnesota, United States of America. The laws of the State of Minnesota will govern the content and use of this site, without giving effect to any of the conflict of law principles or rules thereof

Information Subject to Change
All content contained herein is subject to change without notice. “THOMASINASCASHEWBRITTLE.COM” reserves the right to update or modify the terms and conditions at any time without prior notice. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately.

Your use of the thomasinascashewbrittle.com website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.

We strive to provide the most up to date and timely information possible on our Site. However, the Site may contain errors in pricing, description or product availability. “THOMASINASCASHEWBRITTLE.COM” reserves the right to correct and remedy these errors and to change, update and modify Site information and pricing. 

“THOMASINASCASHEWBRITTLE.COM” also reserves the right to add products or discontinue the sale of any products or change specifications on products offered on this site at any time without prior notice.  Information will retroactively apply where an order has already been placed.

3rd Party Sites/Hyperlinks
Certain links provided on this site will launch internet sites that are not under the control of “THOMASINASCASHEWBRITTLE.COM”.  “THOMASINASCASHEWBRITTLE.COM” provides these outside links solely as a convenience to its users and the provision of any such link is not an endorsement by “THOMASINASCASHEWBRITTLE.COM” of that site or any of the contents, products, or services contained or offered therein.

Accordingly, “THOMASINASCASHEWBRITTLE.COM” makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites

Copyright Notice/Intellectual Property
All of the Content you see on this website, including, for example, all of the page headers, images, logos, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by “THOMASINASCASHEWBRITTLE.COM” , one of its affiliates or by third parties who have licensed their materials to “THOMASINASCASHEWBRITTLE.COM” . All other trademarks, if any, which may appear on this website are the property of the respective trademark owner.
The Content of the “THOMASINASCASHEWBRITTLE.COM” website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. “THOMASINASCASHEWBRITTLE.COM” reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from “THOMASINASCASHEWBRITTLE.COM”.

Privacy Policy

“THOMASINASCASHEWBRITTLE.COM” may send you occasional specials via email or snail mail. We do not sell our mailing lists to outside sources.

Shipping

Unless otherwise stated, all freight or shipping charges, or offers of free shipping, displayed on this site shall apply only to shipments made by US Postal Service within the United States (excluding Alaska and Hawaii). Any expedited shipment, or shipment made to Alaska, Hawaii or any location outside of the United States, shall be subject to additional shipping charges. 

All retail orders will be processed and shipped from our location within five to seven (5-7) business days (excluding holidays). Unless otherwise specified, all shipments will be sent using US Postal Service.

All wholesale orders and quantities over ten (10) pounds are subject to a five (5) day lead time. Orders will be shipped out in the order received dependent upon production schedule and warehouse quantities.

If you have a special time frame or delivery requests, please contact us or specify when ordering. We will do our best to accommodate your requests.

Refund/Return Policy
Due to the perishibility factor of our handmade products, we cannotaccept returns. 
We do not offer cash refunds; we only offer credit towards future purchases. All damaged packages must be signed for as such, to guarantee a refund or replacement.
Please always try to choose a shipping address where someone will be able to sign for the delivery.  USPS will use their discretion whether or not to leave residential packages at the door when no one is available to sign for it.  We can not be held responsible for unclaimed packages due to incorrect addresses or packages that were not signed for and left outside. 

Allergens
Due to the sensitivity of some of our customers to various allergens, especially peanuts, none of our products contain peanuts.   We make every effort to ensure no peanuts are present in our facilities. 
However, “THOMASINASCASHEWBRITTLE.COM” cannot guarantee that all our suppliers are peanut-free.  Therefore, we advise that all products sold may be cross contaminated and may contain traces of Peanuts and or Tree Nuts.

Comments/Submissions
We welcome your comments regarding the “THOMASINASCASHEWBRITTLE.COM” website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to “THOMASINASCASHEWBRITTLE.COM” shall be and remain the exclusive property of “THOMASINASCASHEWBRITTLE.COM”. Your submission of any such Comments shall constitute an assignment to “THOMASINASCASHEWBRITTLE.COM” of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. “THOMASINASCASHEWBRITTLE.COM” 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.

Gift Messages
The “THOMASINASCASHEWBRITTLE.COM” gift message services available as part of your purchase is a courtesy to our customers and is subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in gift messages.

Examples of the kinds of conduct or content that are prohibited in gift messages include:
The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation, or “THOMASINASCASHEWBRITTLE.COM” rule or policy.

The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

The impersonation of any person or entity in any part of a gift message. We may, but are not obligated to, restrict or remove any and all content from a gift message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other “thomasinascashewbrittle.com” customers, or any third party.

We will try our best to accurately print or handwrite your gift message.  However, in the event your original message contains prohibited language, is illegible or becomes lost or unavailable; “THOMASINASCASHEWBRITTLE.COM” reserves the write to make changes, corrections, deletions or completely rewrite your message.

Pricing Information
The prices displayed on this site are quoted in U.S. Dollars.

Paypal
All online payments will be processed through Paypal, Inc.  By using this site, customer agrees to the terms and conditions of Paypal, Inc.

 


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