Terms of Use
Last Updated November 25, 2022
Sweety Royal Icing (SRI) welcomes you to our website. These terms of use (“Terms of Use”) govern your use of: (i) our Website, (ii) our mobile applications (“Apps”), (iii) our social media applications and/or platforms (such as our Facebook applications), (iv) any of our merchandising channels, including, but not limited to, internet, telephone, text messaging (SMS and MMS), catalog, radio, television, or Company-owned retail stores, and (v) any of our products and/or services that are made available to you through any of the foregoing (collectively, (i), (ii), (iii), (iv) and (v), together, the "Service"). The goal of the Service is to provide access to our wide selection of floral, plant, gift basket, gourmet food, gift, events, and other products and services, as well as, information and ideas, to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you.
Disclaimers and Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER SRI, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE; EXCEPT THAT OUR FOOD STUFF PRODUCTS WILL BE WHOLESOME AND FREE OF SUBSTANTIAL DEFECTS, AND IF THEY ARE NOT, SRI’S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT OR FOOD STUFF PRODUCT, AS APPLICABLE, AS SOON AS REASONABLY PRACTICABLE.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND SRI SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY SRI OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY WHATSOEVER.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SRI, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE, PRODUCTS, SERVICES OR THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SRI'S RECORDS, PROGRAMS, OR SERVICES.
UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES, FEES, SURCHARGES, AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES DISPLAYED ON OUR WEBSITE MAY DIFFER FROM PRICES THAT ARE AVAILABLE IN STORES OR IN CATALOGS, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. VOID WHERE PROHIBITED.
SRI RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING BUT NOT LIMITED TO, ANY AND ALL SAVINGS PASSES, REWARD PASSES, FRESH REWARDS, POINTS, AWARD CARDS, APPRECIATION AWARDS, COUPON CODES, GIFT CARDS, GIFT CERTIFICATES, CELEBRATIONS PASSPORT MEMBER BENEFITS, AND ANY AND ALL OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS (“PROMOTIONAL OFFERS”) IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.
YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF SRI’S SERVICES AND THAT OF ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, WEBSITE, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, MOBILE APPS, SOCIAL MEDIA PLATFORMS AND PARTICIPATING RETAIL STORES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Third Party Service Providers
SOME ASPECTS OF THE SERVICE MAY BE DEPENDENT UPON THIRD PARTY SERVICE PROVIDERS, SUCH AS A DELIVERY SERVICES, WIRELESS CARRIERS OR SOCIAL MEDIA PLATFORMS. WE DO NOT CONTROL SUCH THIRD-PARTY SERVICE PROVIDERS AND ARE NOT RESPONSIBLE OR LIABLE FOR THEIR ACTS OR OMISSIONS. IN ADDITION, SUCH THIRD-PARTY SERVICE PROVIDERS MAY HAVE THEIR OWN TERMS, POLICIES AND GUIDELINES. YOU SHOULD BECOME FAMILIAR WITH ALL SUCH TERMS, POLICIES OR GUIDELINES PRIOR TO USING THE SERVICE THROUGH SUCH THIRD-PARTY SERVICE PROVIDER.
SRI MAKES EVERY EFFORT TO DELIVER THE BEST PRODUCTS AS ORDERED, WITHIN THE EXPECTED TIMEFRAME. PRODUCTS ARE PACKAGED WITH REASONABLE CARE IN APPROPRIATE PACKAGING FOR DELIVERY. HOWEVER, SRI UTILIZES THIRD-PARTY SERVICES TO DELIVER PRODUCTS WITHIN THE GREATER JERUSALEM AREA AND THROUGHOUT ISRAEL. SRI CANNOT BE RESPONSIBLE FOR DAMAGE THAT MAY OCCUR ONCE THE PRODUCT IS TRANSFERRED TO THE THIRD-PARTY SERVICE FOR DELIVERY.
SRI IS NOT RESPONSIBLE FOR LATE DELIVERIES DUE TO EVENTS BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO EXCESSIVE TRAFFIC, FAILURE OF THE THIRD-PARTY TO DELIVER PRODUCT IN A TIMELY MANNER OR TO THE REQUESTED LOCATION, ROAD CLOSURES BY ISRAELI AUTHORITIES, OR ANY OTHER ACTION BEYOND SWI’S CONTROL.