Last Modified: June 11, 2021

Welcome to SugarParty! The website located at www.sugarparty.com (“website” or “site”) is owned and operated by SugarParty LLC, a company formed and operating from its head office in New Jersey, USA. 

In these Terms of Service, all references to “the Company,” “we,” “us,” or “our” are references to SugarParty LLC, and all references to “you,” “your,” or “user” refer to the person who accesses the website and/or purchases a product through the website. 

By accessing the website and/or purchasing any products through the website, you agree to abide by all the provisions of these Terms of Service, Shipping, Refunds Policy as well as our Privacy Policy as amended or supplemented (collectively referred to as the “Terms” or the “Agreement”). Please carefully review the Agreement in its entirety before accessing the website and/or purchasing any products from us. 

IF YOU DISAGREE WITH THESE TERMS AND DO NOT WISH TO ABIDE BY THIS AGREEMENT, PLEASE DO NOT ACCESS THE WEBSITE OR PLACE ANY ORDERS.

 

Table of Contents:

Definitions and Interpretation

Eligibility

Amendments

Account Registration and Safety

Terms of Sale

Order Placement and Acceptance

Product Images and Availability

Pricing and Payments

Shipping

Gift Vouchers

Allergen Disclaimer

Products for Personal Use

Intellectual Property

Copyright Infringement Notice

Account Termination

Prohibited Activities

Feedback and Suggestions

Electronic Communication

Links to Third-Party Websites

Maintenance

Governing Law and Jurisdiction

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

Indemnification

General Provisions

Contact Us

Force Majeure

 

• Definitions and Interpretation

The following terms shall have the meaning as defined hereunder:

 

“Customer”	refers to a user who places an order through our website.
“Product”	refers to an item listed/offered for sale on the website.
“User”	refers to a website visitor and includes any reference to a customer.

 

The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein. All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the person or entity's identity may require. If this Agreement is made available in more than one language, the English language version shall prevail. 

 

• Eligibility

The website is only made available to individuals who are at least 18 years of age or the minimum age of majority, whichever is greater, in your state or province of residence. Please do not access the website and order any products through the website if you do not meet the age eligibility criteria.  

IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, PERSONS UNDER THE AGE OF THIRTEEN YEARS (“CHILDREN”) ARE STRICTLY PROHIBITED FROM SUBMITTING ANY PERSONAL INFORMATION THROUGH THE WEBSITE. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM CHILDREN. 

 

• Amendments

The Company reserves the right to update these Terms as and when required to comply with any applicable laws, reflect any changes in our business practices, or any other reasons at the Company’s sole discretion. Where the Company makes any amendments to these Terms, the Company will notify you by changing the last updated date on the top of the page where these Terms appear. Unless expressly specified otherwise, any amendments to these Terms shall be effective from the date the amended Terms are published on the website. The latest version of the Terms will supersede all previous versions.

 

• Account Registration and Safety

You can either create a user account on the website or place your order as a guest. By registering a user account, you will be able to use some additional functionality, including but not limited to storing your billing and shipping address for future purchases and keeping track of your past transactions.

 

We provide all user accounts at our sole discretion. We reserve the right to decline to provide any user with a user account without reason. 

 

User Account Security

As an account holder, you agree to keep your username and password confidential. Any activity on your user account is solely your responsibility. If you suspect any unauthorized activity on your user account, please immediately notify us at info@sugarparty.com. You release us from any liability arising from or associated with any unauthorized access to your user account.

 

Your Personal Data

When you sign-up for a user account and/or order a product through the website, we will request you to provide us with some of your personal information, including but not limited to your full name, email address, shipping, and billing address (“your data”). When you opt for online payment, you will also be required to provide your payment information. All your payment information is collected directly by our selected third-party payment processor. 

 

All your data is processed in accordance with our Privacy Policy. We encourage you to take the time to review our Privacy Policy before accessing our website. 

 

Any act of providing incorrect personal information shall constitute a material breach of this Agreement. You shall be solely responsible for notifying us of any change in your personal data. By using our website, you represent and warrant that all your personal data is true, accurate, complete, and current.  

 

• Terms of Sale

All orders placed through our website are subject to the following provisions: 

• Order Placement and Acceptance
• You can view all products listed on our website and add the products that you wish to purchase to your shopping cart. 

 

• Once you have added the products to your shopping cart, you can provide your shipping address and billing details. You are advised to carefully review your order before authorizing the payment, including the total purchase price for your order, shipping fees, and applicable taxes. 

 

• You understand and accept that your order is an offer to purchase the ordered product/s. Your order is only deemed accepted after we send you an order acceptance email listing the products that will be billed and delivered to you. 

 

• If your order contains more than one product, we reserve the right to accept your order in part by processing only products specified in our order acceptance email. 

 

• There may be occasions when we are not able to accept your order for reasons, including:
• If the ordered product is unavailable;
• There were any material errors on our website at the time you placed your order, such as pricing or product description errors;
• If we cannot process the payment for the order; or
• If our carrier does not service your area.

 

If we are unable to accept your order, we will contact you to inform you that your order could not be accepted. 

 

• Product Images and Availability
• All product images on our website are for illustration purposes only. Product colors may vary slightly from images displayed on the website due to different screen resolutions and studio lighting during a product shoot. For any pre-sale product-related questions, please contact us at info@sugarparty.com. 

 

• All orders are subject to availability. You understand and accept that products that are sold-out or withdrawn may be removed from our website without any prior notice or incurring any liability. If you order multiple products as part of the same transaction and one of the ordered products is unavailable, we may fulfill your order in part by removing any out-of-stock or withdrawn products from your order. 

 

• Pricing and Payments
• Although we ensure that all product prices on the website are correct and current, please understand that errors are possible. If there was an error in the price of the product you ordered, we will contact you with the option to either confirm your order at the correct price or cancel your order. If we cannot reach you, we reserve the right to remove the incorrectly priced product from your order and refund the full amount paid by you for that product.  We are not under any legal obligation to accept orders at a lower price due to any errors in pricing on our website. 

 

• We reserve the right to change any product’s price on our website or withdraw any offers without giving any prior notice to you. Some offers, such as promotional products, may be subject to additional terms and conditions which are not specified in this Agreement. Please carefully review all such offer terms and conditions before ordering a product on offer. 

 

• All prices displayed on our website are in USD.

 

• Product prices as listed on the website are exclusive of applicable taxes, duties, and shipping fees. The full order amount, including applicable taxes, duties, and shipping fees, will be clearly displayed to you on the checkout page. 

 

• When you submit your order, you authorize our third-party payment processor to process your credit/debit card for the full ‘order amount’ (Product price plus shipping fees and taxes) at the time the order is placed.  

 

• The Company reserves the right to change the acceptable modes of payment at any time without incurring any liability. 

 

• We will not be liable for any delay or non-delivery resulting from any payment authorization refusal by your payment card issuer. In such circumstances, we will cancel your order, and you will have the option to place a new order with a different payment card.

 

• By providing us with your payment information, you also authorize us to perform any required credit checks and obtain any authorizations we deem necessary. You also represent and warrant that you have the right to use the provided payment card to make the purchase. 

 

• Shipping

All orders will be shipped to the shipping address provided by you at the time you submit your order. It is solely your responsibility to carefully review your shipping address before submitting your order. We will not accept any responsibility for deliveries made to incorrect or incomplete shipping addresses provided by you. If your address is in a remote area, please provide any details that may help the carrier to deliver to your address. You understand and accept that delivering to remote areas may take longer than our usual estimated delivery period, and some areas may not be serviced by our shipping service provider. 

 

Subject to the applicable provisions of this Agreement, all risk and title in the ordered product will pass to you upon delivery. 

 

We currently only ship products to the countries listed on our website. 

 

Please note that if you provided us with an incorrect shipping address and your order has already been dispatched, we will not be able to offer you any replacement products.

 

• Carriers and Delivery Time 

We provide free shipping on all orders over $40. We make use of third party shipping service providers to deliver your ordered product. We will provide you with an estimated delivery time for your order during checkout. Although our shipping service providers make their best effort to ensure that your order is delivered on time, we will not be held liable for any loss or damage incurred by you or any other person as a result of any delay in delivery due to no fault on our part. You understand and accept that all delivery time frames provided by us are estimates only. 

 

• Shipping Fees, Handling Charges, and Taxes 

We will display all applicable shipping fees, administrative fees, and taxes for your order (excluding customs duties payable by you to your local Customs authority) on the checkout page. You will be solely responsible for the payment of all shipping fees, taxes and duties on your order. Please carefully review all amounts before submitting your order.  

• Customs Duties

Cross border deliveries can attract duties in the destination country. Please note that our product prices do not include any applicable import duties which may be imposed by customs in your country. You shall be solely responsible for the payment of any import duties applicable to your order.

 

• Unsafe Shipping Address

Please provide us with a secure shipping address so you, or a person authorised by you, can accept your order’s delivery. We will not be responsible for any theft or damage if you provide us with an unsafe shipping address where your parcel will be left unattended. All risk in the order will pass to you once the tracking reflects that the order was delivered to your specified shipping address. We will not offer any replacement or refund for any loss or damage arising from an unsafe shipping address.

 

• Gift Vouchers

We reserve the right to offer our customers the ability to purchase gift vouchers through the website. Please note that all gift voucher sales are final, and unless required by law, we will not offer any refunds for your unused or canceled gift vouchers.

 

Redeeming a gift voucher

In order to redeem a gift voucher, you may be required to create a user account on the website. Gift vouchers can only be used to purchase a product that is available on the website. We do not offer any guarantees that a product will be available for sale at any given time. We reserve the right to change the way a gift voucher can be redeemed. In the event you purchase a product that either exceeds or is below the gift voucher amount available in your account, you may become liable or entitled to settle the balance. PLEASE NOTE THAT GIFT VOUCHERS MAY EXPIRE ON THE DATE STATED ON THE VOUCHER. 

 

• Allergen Disclaimer 

Some of our products may contain allergens or may be prepared in facilities that process dairy, gluten, peanuts, tree nuts, sesame seeds, eggs, food coloring, and other ingredients that can trigger allergic reactions in some people. 

 

All individual product pages on the website, as well as the product packaging, will contain a detailed list of ingredients, including appropriate allergen warnings in accordance with applicable law. Before ordering any products from our website, you should carefully review all listed ingredients to ensure that you are not allergic to any of the ingredients in your selected products. For the avoidance of any doubt, it is solely your responsibility to carefully review the ingredients list and any allergen warning prior to ordering/consuming any products. We will not be held responsible for any harm suffered by any customer or third party as a result of the use of our products. You understand and agree that your decision to order any product from our website is entirely at your own risk. You hereby indemnify the Company and its officers from any and all claims, damages, costs, or expenses, including reasonable attorneys’ fees arising from or associated with your use of any of our products. 

 

In the event use of any of our products causes an adverse reaction, you should immediately cease the use of the product, and if you are concerned about your health, you should contact your doctor without delay. Please note that we do not accept any return and refund requests on the grounds of allergic reactions to our products. 

 

If you have any questions about any specific allergen and whether we use it in our facilities, please contact us at info@sugarparty.com before placing your order. 

 

• Products for Personal Use

All products offered and/or sold through the website, including but not limited to any free samples provided to you by the Company, are provided for your personal use only. You may not sell or resell any products that you purchase or otherwise receive from the Company under any circumstances.

 

• Intellectual Property

All information, material, and content available on the website, including but not limited to text, images, audio, video, logos, trademarks, and the like, is owned either by the Company or its licensors (hereinafter referred to as “Company Content”). All Company Content is protected by copyright, trademark, and applicable laws and conventions. 

 

You shall not copy, sell, resell, reproduce, republish, modify, distribute, or create any derivative work of any Company Content without the consent of the copyright owner. You are forbidden from removing any copyright, trademarks, and any proprietary notices from any Company Content. 

 

The Company only grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to use the Company Content for your personal and non-commercial use only. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement.

 

• Copyright Infringement Notice

If you believe that your copyrighted content has been published on our website without appropriate licenses/authorization, please send a valid notice with the following information:

 

• A detailed description of the copyrighted content that is alleged to have been infringed; 
• The exact location on the website where your copyrighted content is made available (such as links to the page where such copyrighted work appears);
• Your name, phone number, and email address;

 

A written statement that: 

• The copyright owner or its agent does not authorize such copyrighted content's use; 
• The information contained in the notice is accurate and under penalty of perjury; you are either the owner of an exclusive right allegedly infringed or authorized to act on behalf of such owner regarding the copyright infringement.

 

An electronic or physical signature of the copyright owner or agent authorized to act on their behalf. 

 

The written notice must be sent to: 

 

SugarParty LLC

900 Lincoln Blvd, Middlesex, 

NJ 08846

 

Email: info@sugarparty.com 

 

• Account Termination

Termination by the user

A user may terminate his user account at any time by accessing the account settings or by contacting the Company at info@sugarparty.com with the words ‘account termination’ in the subject line. 

 

Termination by the Company

The Company reserves the right to terminate any user account at any time without giving prior notice if the Company has reason to believe that: 

 

• The user's conduct is harmful to the Company or any of its users; or 
• The user is in breach of this Agreement.

 

Consequences of Termination

Once your account is terminated, you will not be able to log in to your account using your username and password, and you will not be able to reactivate your account. 

 

• Prohibited Activities

You expressly agree not to:

 

• Use the website or any content for any illegal or unlawful purposes

 

• Violate any provisions of this Agreement; 

 

• Use any defamatory content, libelous or threatening content in any communication with the Company or its users on our social media pages;

 

• Use any computer programming routines that may damage, modify, delete or interfere with any system or network connected to the website; 

 

• Use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the website; or

 

• Reformat or frame any portion of the website. 

 

• Feedback and Suggestions

We welcome our customers' feedback about our products and any suggestions for improvements. Although we love to receive feedback and suggestions, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback or suggestions to us, you understand that you are granting us a fully-paid and exclusive, irrevocable, perpetual, and worldwide license to use or share your submission, as we deem fit, and without any restriction or compensation to you, either now or ever in the future. You understand and accept that the Company has the right to use your feedback or suggestion in any manner, and for any purpose we deem fit, but we are not under any obligation to do so. Your feedback and suggestions are not confidential in nature and will not be protected by any confidentiality agreements.

 

• Electronic Communication 

By providing us with your email address, you acknowledge that you are communicating with us electronically. You consent to receive communications from us electronically in return. We will communicate with you by email to respond to your inquiries or to send you direct marketing material when you subscribe to our mailing list. You agree that any notices that we provide to you electronically satisfy the legal requirements of any specific communication be in writing.

 

• Links to Third-Party Websites

The website may contain links to third-party sites that are not owned or operated by us. All such links are provided for your convenience only. When you click on any third-party website link, you will be redirected to such a third-party’s website. Your access/use of a third-party website will be governed by the terms and conditions and privacy policy of such a third-party website. We disclaim all responsibility for any harm suffered by you from your use of any third-party website.

 

• Maintenance   

Your access and use of the website may be interrupted at any time with or without prior notice to you for any system maintenance, upgrading, testing, repairs, or other related work. We shall not be liable to indemnify you for any loss, damage, costs, or expense that you may suffer or incur as a result of such deactivation or suspension.

 

• Governing Law and Jurisdiction

This Agreement shall be governed by the Laws of the State of New Jersey without regard to any principles of conflict of laws. The Parties hereby consent to the jurisdiction and venue of the Superior Court of New Jersey, sitting in Middlesex County.

 

• DISCLAIMER OF WARRANTIES

UNLESS EXPRESSLY SPECIFIED OTHERWISE, THE WEBSITE AND ALL PRODUCTS OFFERED THEREIN ARE PROVIDED TO YOU ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS DO NOT OFFER ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. 

 

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES THAT: 

 

• THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION; 

 

• THE CONTENT/INFORMATION AVAILABLE ON THE WEBSITE IS ACCURATE, CURRENT, AND/OR COMPLETE;

 

• THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

 

• ANY ERRORS OR DEFECTS WILL BE RECTIFIED; 

 

• THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR 

 

• THE WEBSITE WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES AND OTHER HARMFUL CODE.

 

YOUR DECISION TO USE OUR SERVICE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

 

• LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OR LOSSES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OR INABILITY TO USE THE WEBSITE, ANY CONTENT AVAILABLE ON THE WEBSITE OR ANY PRODUCTS OFFERED/PURCHASED THROUGH THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES/LOSSES. 

 

IN THE EVENT THE COURT OF LAW, DESPITE THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PROVISION, FINDS THE COMPANY LIABLE FOR ANY DAMAGES OR LOSSES, THE TOTAL LIABILITY OF THE COMPANY AND ITS OFFICERS SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM, OR (II) FIFTY USD. 

 

NOTHING IN THIS AGREEMENT SHALL HAVE THE EFFECT OF LIMITING YOUR STATUTORY AND OTHER CONSUMER RIGHTS IN THE UNITED STATES OF AMERICA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN IMPLIED WARRANTIES AND DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

• Indemnification

You agree to indemnify, defend and hold harmless the Company and its officers from and against any claims, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal fees arising as a result of:

 

• Use of the website by you or another party using your user account; and/or
• Any breach of this Agreement by you. 

 

The Company reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

 

• General Provisions 

Waiver

Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.

 

Assignment 

The Company may assign any of its rights and obligations to any other person at its sole discretion without giving any notice to the user. The user may not assign, sublicense or otherwise transfer any of his/her rights or obligations under this Agreement to any other person without the express written consent of the Company. 

 

Severability 

If any provision of this Agreement is held to be unlawful, void, or for any reason found to be unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

Export Control

The website and sale of products are subject to the United States export control. By using the website and purchasing our products, you agree to comply with all the U.S. and other applicable import-export laws.

 

• Contact Us

If you have any questions or comments, please write to us at info@sugarparty.com. 

 

• Force Majeure 

The Company shall not be liable for the failure to perform any of its obligations if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.