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Terms and Conditions

These terms, as the same shall be amended form time to time (“Terms of Use”), govern your use of our websites, mobile applications, and other related information and services provided by us (collectively the “Services”). Please read these Terms of Use carefully before using any of the Services. By using any of the Services, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the Services.

Intellectual Property Notice

Unless otherwise noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of the Services (collectively “Content”) are copyrights, trademarks, trade dress or other rights (together, “Proprietary Rights”) are rights of Spunsor, Inc. dba Yummi.com (“Yummi”) or other parties. Each of the Services is protected by Proprietary Rights of Yummi, and all worldwide rights, titles and interests in and to such Proprietary Rights are owned by or licensed to Yummi. All Yummi trademarks appearing on or that are part of the Services are registered or common law trademarks owned by or licensed to Yummi. No right, title or interest in any Proprietary Right of Yummi is transferred to you as a result of your use of the Services, and Yummi and its licensors reserve all right, title, interest and full intellectual property rights in Proprietary Rights notwithstanding your use of the Services.

Comments

We welcome your comments. However, by sending us any comments, feedback, testimonials, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports or other communications (collectively “Comments”), whether oral or written, you hereby grant to Yummi an irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to reproduce and use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Yummi has no duties to you, with respect to such Comments.

Links

The Services may contain links to third party websites or Internet resources that are not owned or controlled by Yummi. Our provision of a link to any other website or Internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents. YUMMI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE.

Disclaimer

THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT YUMMI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.

Inaccuracy Disclaimer

Yummi strives for its Services, Content, and other materials to be accurate. However, from time to time, there may be information available on or through the Services or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Yummi reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. No order is final until shipped and Yummi may cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL YUMMI OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICES. IN NO EVENT SHALL THE LIABILITY OF YUMMI EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCT PURCHASED BY USE OF THE SERVICES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Yummi may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Yummi’s liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to defend, indemnify and hold harmless Yummi and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur arising from or relating to your (or anyone using your account’s) use of any of the Services or any violation of these Terms of Use.

Return Policy

All return/refund requests must be made to our customer care department within 10 business days of receipt of your order. To protect our customers’ health and safety, edible items may not be returned. Refunds for returns exclude shipping costs, and the customer is responsible for shipping the products back to us in their original condition.

Any return for a refund may be subject to a 15% restocking fee. This fee may be waived for the following reasons:

  • Carrier damage
  • Defective product
  • Product does not match advertising
  • Received incorrect product
  • Product was an extra item not ordered

Note: Any return that is misrepresented as being for any of the above reasons will automatically have the restocking fee applied even if it was initially waived.

Please send your pre-approved returns to the following address (no refunds for products returned without prior approval):

YUMMI COMPANY
Attn: Returns Department
2312 Park Avenue #188
Tustin CA 92782

Again, since food products cannot be returned, and we do not refund for melting, please take care when placing an order and keep in mind the following: (i) Quantity: Think through and calculate how much candy you will need for an event or project, (ii) Heat: If it is warm in your area, stay away from heat- sensitive items as we do not refund for melting, and (iii)M istakes: Double check your online order before hitting that submit button!

Of course, if we make any mistakes with your order, or if an order contains a defective product, we will take full responsibility – just make sure that you contact us within 10 business days of receiving your order, as we cannot approve any requests for refunds/reships after such time. If parcels are refused, original and return shipping costs will be charged to the purchaser's original form of payment.

When order is "released" into our fulfillment system (which can be seconds after you make an order), it cannot be cancelled. Of course you are welcome to call us and check whether an order has been released and if it has not, we are happy to process your cancellation. This policy is in place to permit us to delivery your order amazingly quick. We appreciate your understanding on this matter and we urge you to please take the time to carefully make your selections before hitting that submit button!! If you provide the wrong address when placing an order, if the order is returned to Yummi in good condition, you will be responsible for the full cost of shipping. If you provide the wrong address when placing an order, if the order is returned to Yummi but the contents are damaged or if the package is lost, we cannot provide a refund. If you provide the wrong address when placing an order, and the package is en route and the customer requests a shipment intercept/address correction, you will be charged the fee that we are charged from out delivery service provider.

Miscellaneous

These Terms of Use shall be construed and enforced in accordance with the laws of the State of California regardless of where you live and notwithstanding any choice of law or conflict of laws principle which may require otherwise. These Terms of Use, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and Yummi with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and Yummi with respect to the subject matter hereof. The failure of Yummi to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Use is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms of Use shall continue in full force and effect.

Terms of Use Changes

We reserve the right, at our discretion, to change these Terms of Use at any time. Please check this page and these Terms of Use periodically for changes. Any changes to these Terms of Use become effective when they are posted.

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