Divine Bites, LLC. Store Site Terms
Thank you for choosing to use Divine Bites., e-commerce site for the sale of Divine Bites Cheesecakes (“Products(s)”) at divinebites.co (this “Site”). These terms and conditions apply to all individuals, companies and organizations that register to buy Products on this Site (each such individual, company or organization is referred to in these terms and conditions as “User” or “you”), and constitute a binding, legal agreement (“Agreement”) between User and Divine Bites, Inc. If you are ordering Products on behalf of the organization with which you are employed, you represent and warrant that you have full power, authority and legal capacity to enter into this Agreement and bind your employer, company or organization.
Please read all the terms and conditions of this Agreement carefully. Divine Bites, may change this Agreement at any time and in its sole discretion. The modified Agreement will be effective immediately upon posting and your agreeing to the new posted Agreement by continuing your use of this Site. You are responsible for staying informed of any changes. If you do not agree with the modified Agreement, your only remedy is to discontinue using this Site.
User Registration and Information
If you are required to register on this Site, you will have the opportunity to select a User ID and Password during the User registration process. You are solely responsible in all respects for: (a) all use of this Site made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access this Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your email address, User ID or Password or any other breach of security regarding this Site of which you are aware. Divine Bites may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for other reasons as determined by Divine Bites.
These terms and conditions govern the sale of Products on this Site, and take precedence over User’s additional or different terms and conditions, to which notice of objection is hereby given. Divine Bites acceptance of all orders and all offers and sales by Divine Bites are subject to and expressly conditioned upon User’s assent to the terms and conditions of this Agreement, and User’s acceptance of any offer by Divine Bites must be made on such terms and conditions exactly as offered by Divine Bites. Divine Bites has priced all of its Products based upon the provisions in this Agreement. All orders must be paid at the time of order.
Divine Bites attempts to make Product descriptions be as accurate as possible. However, Divine Bites does not warrant that Product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition.
Products will be shipped via UPS or Fed-Ex unless otherwise specified at time of order, and shall be deemed delivered to User when delivered to the transportation company at the shipping point. Shipping charges will be added to your invoice. Each shipment shall be considered a separate and independent transaction and payment for each shipment shall be due accordingly.
User will be provided with an expected ship date upon order. This date constitutes a good faith estimate and is not binding. Divine Bites will notify the User in a timely fashion if ordered goods are not available. Divine Bites is not liable for losses, damages or penalty as a result of any delay in shipping ordered Products.
Risk of Loss
Risk of loss or damage to the Products shall pass to User upon delivery of the Products to the transportation company (regardless of whether payment has been made). Confiscation or destruction of, or damage to, the Products following delivery to the transportation company at the shipping point shall not in any way affect the liability of User to pay the purchase price. User shall inspect the Products upon receipt and notify the transportation company when there is evidence of shipping damage.
All Products delivered hereunder shall be deemed accepted by User as conforming to this Agreement, and User shall have no right to revoke any acceptance, unless written notice of the claimed nonconformity is received by Divine Bites, within thirty (30) days of delivery thereof. Notwithstanding the foregoing, any use of a Product by User, its agents, employees, contractors or licensees, for any purpose, after delivery thereof, shall constitute acceptance of that Product by User.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Divine Bites and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Trademarks on any other website is strictly prohibited. All of the materials contained on this Site are copyrighted except where explicitly noted otherwise. Divine Bites will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
This Site may contain hyperlinks to third-party websites. Divine Bites does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Divine Bites is not responsible or liable for any content or other materials on these third party websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DIVINE BITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIVINE BITES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIVINE BITES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIVINE BITES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DIVINE BITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIVINE BITES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law and Severability
This Agreement shall be governed by and construed in accordance with the laws of New Jersey, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Agreement and or your use of this Site resides in the courts located in New Jersey, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
You agree to indemnify, defend, and hold Divine Bites and each of its agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of this Agreement.
Divine Bites has the right to terminate your account and access to this Site for any reason, including, without limitation, if Divine Bites in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Agreement. Divine Bites may, but shall be under no obligation to, provide you a warning prior to termination of your use of this Site.