The Candy Factory | Terms of Sale

Terms of Sale

Candy Factory L.P. (The Candy Factory) has implemented these Terms of Sale (“Terms”), which apply to all purchasers of The Candy Factory’s products (“Product(s)”) from The Candy Factory, including through this website. By purchasing Products from The Candy Factory, you agree to adhere to the following terms. These terms shall apply unless The Candy Factory has presented you with alternative terms that have been accepted by you, the purchaser.

1. Risk of Loss

The risk of loss, including, but not limited to the risk of loss, theft, damage or destruction of the Products, transfers to you upon The Candy Factory placing the Products ordered in the care of you or a commercially reputable shipping carrier. All potential refunds must be made through shipping carrier.

2. No Resale.

The Products purchased will be for personal use or as gifts and not for resale. None of the Products purchased will be displayed, advertised or sold in conjunction with any retail or wholesale outlet, business, store, or online order site.

3. Orders and Products.

Orders for Products (“Purchase Orders”) made by you shall be handled pursuant to The Candy Factory’s then-current product order, shipment, and return procedures, which may be amended by The Candy Factory at any time.

The Candy Factory reserves the right to reject any Purchase Order, in whole or in part, for any reason.

The Candy Factory reserves the right, at any time in its sole and absolute discretion and without any obligation, liability or advance notice to you to discontinue the sale of or limit the production of any Product, to terminate or limit deliveries of any Product, to alter the design or composition of any Product, and to add new Products to or delete existing Products from its product lines.

Any proposal from you that includes different or additional terms that vary from the Terms are objected to and disallowed. Notwithstanding the foregoing, any such counterproposals by you shall not operate as a rejection of these Terms, but as a rejection of the additional or different term(s).

You shall pay the costs of delivery of the products.

You shall pay all sales, use, excise or similar taxes, or other charges, which you are required to pay, or to collect and remit, to any government (national, state or local) and which are imposed on or measured by the sale.

You shall use only truthful and accurate information to place your order, and you will maintain the accuracy of such information.

4. Limitation of Liability; No Warranty.

The Candy Factory SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS. The Candy Factory MAKES NO REPRESENTATION OR WARRANTY TO YOU OF ANY NATURE OR KIND REGARDING THE PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, The Candy Factory DISCLAIMS ALL WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. The Candy Factory SOLE OBLIGATION AND LIABILITY TO YOU SHALL BE IN ACCORDANCE WITH ANY THEN-CURRENT SATISFACTION GUARANTEE POLICY. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY HOWEVER THE LOSS OR DAMAGE IS CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, BREACH OF CONTRACT, DELAY OF PERFORMANCE, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, WHETHER OR NOT SUCH LOSS WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

5. Miscellaneous.

The Candy Factory reserves the right to update, amend, or modify the Terms at any time. The Candy Factory shall not be deemed to be in breach hereof or liable to you in any manner on account of any delay in delivery or other performance caused in whole or in part by, or otherwise materially related to, the occurrence of any contingency beyond The Candy Factory’s control. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid. The Terms and any dispute arising under them shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri, without regard to its choice of law rules. In the event of a dispute over the terms or performance under the Terms, you expressly submit to personal jurisdiction and venue in the federal or state courts in Missouri.

6. Allergy Warning

Facilities and equipment used to produce The Candy Factory’s products may include allergens other than those identified in the product description on the specific product pages. We urge customers with known food allergies to exercise caution when ordering our products. Individuals with serious food allergies should refrain from ordering The Candy Factory’s products.

7. Fulfillment Policy

Purchase Orders made on The Candy Factory’s website are subject to 48 hours of processing during The Candy Factory’s stated operating business hours. Purchase Orders made during times when The Candy Factory is closed do not fall into the designation of being “in-processing” until the next business day The Candy Factory is in operation. Shipping products such as “next day air” or “second day air” do not represent when purchase orders will be shipped from The Candy Factory or received by the customer. All shipping products are subject to 48 hours of processing.