Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://cocoaberrycake.com (“the Site”) operated by CocoaBerry Cake Co. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://cocoaberrycake.com By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Legal Notice
All notices from CocoaBerry Cake Co. to You may be posted on our Web site and will be deemed delivered immediately after posting. Notices from You to CocoaBerry Cake Co. shall be made by email, sent to the address we provide on our Web site. Delivery shall be deemed to have been made by You to CocoaBerry Cake Co. within five (5) days after the date sent.
Copyright & Trademark Notice
All content appearing on this Web site is the property of CocoaBerry Cake Co.
Copyright © / ®/ ™ 2022 CocoaBerry Cake Co. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © / ®/ ™ 2022 CocoaBerry Cake Co. All rights reserved.
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by CocoaBerry Cake Co. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of CocoaBerry Cake Co. or any third party, except as expressly granted herein.
Terms of Use
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. CocoaBerry Cake Co. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if CocoaBerry Cake Co. believes that customer conduct violates applicable law or is harmful to the interests of CocoaBerry Cake Co. and its subsidiaries.
Shipping, Delivery and Pick Up
At this time, CocoaBerry Cake Co. ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, CocoaBerry Cake Co. ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
We are not responsible for any damage to the cake(s) or desserts after setup is complete and our staff has left the premises. You or the venue are responsible for providing an appropriate and secure table and environment for the cake(s) or desserts. Cake(s) are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below. If the cake(s) or desserts are required to be set up outside of an AC room or in a room that doesn’t have AC we are not responsible for any damages incurred to the cake(s) or desserts due to the heat or environment.
If you or your representative elects to pick up and set up the cake(s) or desserts, you assume all liability and responsibility for the condition of the cake(s) or desserts once it leaves CocoaBerry Cake Co. possession.
For pick up orders, we recommend that cakes be transported on a flat surface in your vehicle (the floor or trunk space) with the air conditioning on high. Cakes should be stored in the fridge, especially prior to any transport and brought to room temperature (around 45 minutes – 1 hour) prior to serving.
Once the order has been picked up CocoaBerry Cake Co. is releasing ALL liability and is not responsible for any damage it may incur during transportation, heat or other factors.
International
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. CocoaBerry Cake Co. is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales Tax
CocoaBerry Cake Co. charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
Links to Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by CocoaBerry Cake Co. CocoaBerry Cake Co. has no control over the legal documents and privacy practices of third-party websites, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services, you access any third-party website links at your own risk. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit to fully understand what information is collected and how it is used.
Linking to Our Website
Unless we have given you a written authorization or we have an agreement, you may NOT provide links to our Website at any given time or for any given reason. If you need a link to our Site, please send a direct request to [email protected] and specify the reasons why you need a link to our Site.
Limitation Of Liability & Contract for Services Terms
In no event shall CocoaBerry Cake Co., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
Performance of contact agreement for services and the terms is contingent upon the ability of CocoaBerry Cake Co. to complete the agreement/contract for services is subject to labor disputes or strikes, accidents, Acts of God, weather, Covid-19 related cancelations or circumstances and other causes beyond our control.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. CocoaBerry Cake Co. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
CocoaBerry Cake Co. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL CocoaBerry Cake Co. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
— OR Depending on State –
The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by CocoaBerry Cake Co.
The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. CocoaBerry Cake Co. is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not CocoaBerry Cake Co. The inclusion of material on this server does not imply any endorsement by CocoaBerry Cake Co., which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although CocoaBerry Cake Co. tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Miscellaneous
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. CocoaBerry Cake Co. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of CocoaBerry Cake Co. shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and CocoaBerry Cake Co. with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and CocoaBerry Cake Co. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by CocoaBerry Cake Co. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Contact Us
If you have any questions about this Agreement, please contact us at [email protected]
Last updated on August, 04 2022
