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Immaculate Concoctions Terms of Service

Welcome to Immaculate Concoctions, your one-stop shop for tantalizing sauces, condiments, and pickles (herein collectively referred to as the "Products"). These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you, whether personally or on behalf of an entity ("you," "your") and Immaculate Concoctions. These Terms govern your access to and use of the Website located at www.icflavor.com ("Website"), including any content, functionality, and services offered on or through the Website.

 

BY ACCESSING OR USING THE WEBSITE, YOU (THE "USER," "YOU," OR "YOUR") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

 

You may not use or access the Services unless, and by accessing the Services you represent and warrant that, you (1) if an individual, are at least 18 years of age, (2) have not at any time breached a contract with Immaculate Concoctions, (3) that you are the holder of the bank/credit card or bank account used for purchases on the Website, and (4) accept and agree to be bound by these Terms.

 

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

ARTICLE 1: DATA PRIVACY AND INTEGRITY

 

1.1 Scope of Data Collection

For the avoidance of doubt, the acquisition, storage, and manipulation of personal and non-personal data through the Website shall be governed by Immaculate Concoction's Privacy Policy as well as Wix’s Privacy Policies ("Privacy Policy"). This Privacy Policy is incorporated by reference into these Terms and shall form an integral part hereof.

 

1.2 Compliance

The Company undertakes to comply with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation ("GDPR"), as well as any data protection laws in United States.

 

1.3 User's Obligation

The User acknowledges that they have read and understood the provisions set forth in the Privacy Policy and consents to the treatment of their data as outlined therein.

 

ARTICLE 2: ELIGIBILITY CRITERIA FOR USE OF THE WEBSITE

 

2.1 Age Requirement

In order to access or use the Website, the User must have attained the age of eighteen (18) years. Any access to or use of the Website by anyone under the age of eighteen (18) is unauthorized, unlicensed, and in violation of these Terms.

 

2.2 Legal Capacity

The User hereby represents and warrants that they are legally capable of entering into binding contracts under the applicable laws, rules, and regulations of United States and their respective jurisdiction. If the User is representing a business entity, they must have the legal authority to bind that entity to these Terms.

 

2.3 Verification

The Company reserves the right to verify the eligibility criteria set forth herein and may, at its sole discretion, deny access to the Website for any User who does not meet these criteria.

 

ARTICLE 3: ACCOUNT REGISTRATION AND USER OBLIGATIONS

 

3.1 Registration Requirement

Certain functionalities and features of the Website may necessitate the creation of a user account ("Account"). The User agrees to undergo the registration process as prompted by the Website's user interface.

 

3.2 Accuracy of Information

The User hereby warrants and represents that all information provided during the Account registration process, including but not limited to, name, email address, and any other identifying or pertinent information, shall be accurate, current, and complete.

 

3.3 Duty to Update

The User shall maintain and promptly update the information in their Account to keep it accurate, current, and complete at all times. Failure to do so may result in suspension or termination of the Account at the Company's sole discretion.

 

3.4 Validation Checks

Immaculate Concoctions reserves the right to employ reasonable means, including automated systems and manual checks, to validate the accuracy, currency, and completeness of information provided by the User during the Account registration process. The User consents to such validation checks and acknowledges that any misrepresentation may lead to the termination of their Account.

 

ARTICLE 4: PERMITTED USE OF THE WEBSITE

 

4.1 Authorized Usage

The User agrees to utilize the Website solely for its intended purpose, which is to facilitate the selection, purchase, and delivery of a range of artisanal sauces, condiments, and pickles ("Products"), meticulously crafted to elevate your culinary experiences as specified by the Website's functionalities and features.

 

4.2 Prohibited Conduct

Any misuse, abuse, or unauthorized use of the Website is strictly prohibited. Such activities include, but are not limited to, tampering with the Website, unauthorized access to other users' accounts, or the dissemination of malicious software. Such misuse shall be considered a material breach of these Terms.

 

4.3 Consequences of Misuse

Any violation of this Article may result in immediate termination of the User's Account without notice and may subject the User to civil and/or criminal liability as per the laws and regulations applicable in the State of Texas.

 

ARTICLE 5: BROWSING, ORDER PLACEMENT AND FULFILLMENT

 

5.1 Exploring the Website

Users are invited to explore the Website to discover our tantalizing range of artisanal sauces, condiments, and pickles, herein collectively referred to as "Products." These Products are meticulously crafted and made available by Immaculate Concoctions exclusively through the Website for your selection and purchase.

 

5.2 Ordering Essentials

Our Website streamlines the process of selecting and ordering Products either directly from Immaculate Concoctions or our verified Partners. Products are available for delivery or scheduled pick-up. Upon finalizing an order, you will receive a confirmation email at your registered email address detailing the selected Products, the total price, and any additional terms or conditions that may apply.

 

5.2 Creating an Order

Creating an order on the Website is designed to be user-friendly and intuitive:

  1. Navigate to the Products you desire and add them to your shopping cart.

  2. Proceed to select your preferred delivery method — whether you prefer home delivery or scheduled pick-up.

  3. Complete your purchase by proceeding to the Checkout.

 

Upon submission, you are proposing to purchase the selected Products at the prices indicated, plus any applicable shipping or delivery charges. Orders can only be placed through the Website; we do not accept orders via email, phone calls, or chat platforms. Remember, changing or canceling an order pre-acceptance is possible. Once you finalize an order, you agree to any delivery costs incurred.

 

In the event that any ordered Product is out of stock or unavailable, we reserve the right to offer an alternative or, if necessary, cancel the order.

 

5.3 Timing of Deliveries

Please note that the estimated delivery and pick-up times displayed upon successful payment are approximations and may be subject to change due to uncontrollable factors like weather, traffic, or other unforeseen conditions. Should there be any significant delay or inability to fulfill the delivery, Immaculate Concoctions will notify you promptly.

 

5.4 Delivery Procedures

When you place an order for delivery on the Website, you expressly acknowledge and consent to the delivery of our artisanal sauces, condiments, and pickles ("Products") to the address specified in that particular order. It is crucial to note that the geographical reach of our delivery service is constrained to locations that are both accessible and easily locatable by our courier partners. Before the arrival of your order, you have the following responsibilities:

  1. Be accessible via the phone number you have registered on the Website to receive messages and calls related to the delivery.

  2. Ensure that either you or an authorized representative are physically present at the designated delivery address to accept the order, unless an alternative arrangement has been made in advance.

 

Immaculate Concoctions holds the authority to cancel an order if:

 

  1. Delivery cannot be successfully completed due to inability to reach you.

  2.  If you or your representative fails to provide valid identification verifying that you meet the age restrictions for our spicy Products.

  3. If the information provided during the order placement is either incomplete or inaccurate, causing complications in delivery or fulfillment.

 

In case an order is canceled based on the above conditions, a refund will not be granted, and you will be liable for the full Product cost and any associated expenses incurred by Immaculate Concoctions, including return costs, if applicable.

 

Upon successful delivery to your designated address, any risk of loss or damage to the Product(s) transfers to you. After delivery, Immaculate Concoctions assumes no responsibility for any subsequent loss or damage.

 

ARTICLE 6: PRICING AND PAYMENT PROCEDURES

 

6.1 Pricing Information

All current rates for both Products and associated delivery fees are made available on the Website at the time an order is placed. We reserve the right to correct any errors in pricing or other information. All listed prices include VAT.

 

6.2 Promotional Offers

Special pricing conditions may apply based on promotional offers concerning specific product categories, or the total amount of the order. These special pricing conditions may be initiated by either Immaculate Concoctions or our partner vendors.

 

6.3 Pricing Autonomy

We reserve the right to establish pricing for products and may also restrict the availability of products on the Website at our sole discretion.

 

6.4 Price Adjustments

Immaculate Concoctions retains the right to modify pricing and other product information. It is the User’s responsibility to verify the current prices at the time of placing an order.

 

6.5 Delivery Charges

A separate delivery fee will be indicated within your shopping cart. This fee is determined by factors including, but not limited to, the distance to the delivery location and current order volumes.

 

6.6 Price Reductions

If any price reductions are applicable as per relevant regulations, the previous price may be displayed alongside the reduced price.

 

6.7 Weight-based Pricing

For Products priced according to weight, a uniform estimated weight will be used across all products within the same category. This weight will determine the final price at checkout.

 

6.8 Payment Methods

Payments must be made at the time of placing an order and can be completed through various methods, including but not limited to, bank/credit cards, and direct payments ("Payment Methods"). Available Payment Methods will be displayed during the checkout process. Immaculate Concoctions reserves the right to alter these options at its discretion.

 

6.9 Third-Party Payment Services

All payments are facilitated through third-party payment processors. The User agrees to abide by the Terms of Service of these third-party providers in addition to these Terms.

 

6.10 Payment Information Storage

With User consent, payment details may be stored with our third-party payment providers for future transactions. Note that Immaculate Concoctions does not store any bank or card information.

 

Article 7: CONTENT AND QUALITY OF PRODUCTS

 

7.1 Edible Products

Information regarding all food-related Products is provided on the Website; however, we cannot assure the perpetual accuracy and timeliness of the data. Thus, prior to consumption, it is vital to meticulously review ingredient lists, particularly if you possess sensitivities to specific allergens. In the event of conflicting information, the ingredient list on the Product's packaging shall supersede the product details on the Website.

 

For inquiries concerning ingredients in food items available via the Website, we encourage you to directly contact the us using the contact details provided on our Website.

 

ARTICLE 8: THIRD-PARTY WEBSITES AND SERVICES

 

8.1 External Links

The Website may contain links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, Websites, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content.

 

8.2 Disclaimers

Immaculate Concoctions shall bear no responsibility or liability for the content, privacy policies, or practices of any third-party websites or services linked to from the Website. Users access these links at their own risk. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.

 

ARTICLE 9: LIMITATION OF LIABILITY

 

9.1 Exclusion of Damages

To the fullest extent permissible under applicable laws of Texas and other jurisdictions, Immaculate Concoctions shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

 

9.2 Scope of Limitation

The limitation of liability herein applies to, but is not limited to, any loss of profits or revenues, whether incurred directly or indirectly, any loss of data, use, goodwill, or other intangible losses resulting from: (a) the User's access to or use of or inability to access or use the Website; (b) any unauthorized access to or use of Immaculate Concoctions's servers and/or any and all personal information stored therein.

 

ARTICLE 10: WARRANTIES AND DISCLAIMERS

 

10.1 No Express or Implied Warranties

The Website is provided "as is" and "as available" without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

10.2 No Warranty on Continuous, Uninterrupted or Secure Access

Immaculate Concoctions does not warrant that the use of the Website will be uninterrupted, timely, secure, or error-free, nor does Immaculate Concoctions warrant that any defects in the Website will be corrected.

 

10.3 Non-reliance

The User expressly agrees that their use of the Website is at their sole risk and that they are solely responsible for the accuracy of the personal and any other information they provide.

 

ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

 

11.1 Ownership of Intellectual Property

All right, title, and interest in and to the Website, including but not limited to its original content, features, and functionality, are the exclusive property of Immaculate Concoctions and are protected under international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

11.2 Prohibition of Unauthorized Use

No part of the Website, including its content, features, or functionality, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the express prior written permission of Immaculate Concoctions.

 

11.3 Infringement Consequences

Any unauthorized use of the intellectual property of Immaculate Concoctions is considered a breach of these Terms and may lead to termination of the User’s Account as well as legal actions including but not limited to seeking damages and injunctive relief.

 

11.4 Non-transferable Rights

The User acknowledges that any rights granted to them under these Terms are non-transferable and that any rights to the intellectual property of Immaculate Concoctions remain with Immaculate Concoctions, its licensors, or rights holders, as applicable.

 

ARTICLE 12: GOVERNING LAW AND JURISDICTION

 

12.1 Governing Law

These Terms and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.

 

12.2 Venue

Any legal actions, suits, or proceedings against Immaculate Concoctions arising out of these Terms shall be venued exclusively in a court of competent jurisdiction located within the State of Texas, and the User consents to such venue and jurisdiction.

 

ARTICLE 13: DISPUTE RESOLUTION

 

13.1 Initial Attempt for Amicable Resolution

In the event of any controversy or dispute between Immaculate Concoctions and the User arising out of or in connection with the use of the Website, both parties shall first attempt to resolve such dispute through friendly consultation and mutual discussions.

 

13.2 Formal Dispute Resolution

If such dispute cannot be satisfactorily resolved informally within a reasonable period, then both parties agree to resolve the dispute through formal dispute resolution mechanisms, such as by arbitration or litigation, as mutually agreed upon by both parties. As a private person/consumer resident within the EU, you also have the right to use the European Commission’s ODR Website (European Online Dispute Resolutions) regarding dispute resolution via the internet.

 

13.3 Agreement to Engage in Good Faith Negotiations

Both parties expressly agree to engage in good faith negotiations prior to resorting to formal dispute resolution mechanisms, and failure to do so may be considered a material breach of these Terms.

 

ARTICLE 14: TERMINATION OF ACCOUNT AND SERVICE USE

 

14.1 Right to Terminate

Immaculate Concoctions reserves the right, in its sole discretion, to terminate or suspend the User's Account without prior notice for actions that are determined to be in violation of these Terms or are injurious to Immaculate Concoctions, its customers, third-party vendors, or any other stakeholders.

 

14.2 Consequences of Termination

Upon termination, the User may forfeit any benefits, rewards, or credits associated with their Account. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.‍

 

ARTICLE 15: FORCE MAJEURE

 

15.1 Definition of Force Majeure

For the purposes of these Terms, "Force Majeure" means any event that is beyond the reasonable control of Immaculate Concoctions and shall include, without limitation, acts of God, acts of civil or military authorities, fires, floods, earthquakes, epidemics, or riots.

 

15.2 Limitation of Liability

Immaculate Concoctions shall not be liable for any failure to perform or delay in performance of any of its obligations under these Terms where such failure or delay is due to a Force Majeure event.

 

ARTICLE 16: ENTIRE AGREEMENT

 

16.1 Supersedes Previous Agreements

These Terms constitute the entire understanding and agreement between the User and Immaculate Concoctions with respect to the use of the Website, superseding all prior or contemporaneous communications and/or proposals, whether verbal or written, between the User and Immaculate Concoctions.

 

ARTICLE 17: AVAILABILITY AND MAINTENANCE OF THE Website

 

17.1 Service Availability

While Immaculate Concoctions endeavors to maintain the availability of the Website, such availability is not guaranteed. The Website may be subject to interruptions, limitations, delays, and other issues for a variety of reasons, including but not limited to, system maintenance, updates, or external factors beyond the Company's control.

 

17.2 Right to Suspend or Update

Immaculate Concoctions reserves the right, at its sole discretion, to perform routine or emergency maintenance, updates, or other alterations to the Website at any time. Such activities may result in temporary unavailability of the Website or certain features therein.

 

17.3 No Liability

The Company shall not be liable for any direct, indirect, consequential, or incidental damages arising out of any downtime, maintenance, or updates to the Website.

 

ARTICLE 18: CHANGES TO TERMS

 

18.1 Right to Modify

Immaculate Concoctions reserves the right to change, modify, or revise these Terms at any time.

 

18.2 Notice and Acceptance

Any changes will be effective upon posting the revised version of these Terms on the Website. The User's continued use of the Website following the posting of any changes to the Terms constitutes acceptance of those changes.

 

18.3 User Responsibility

It is the User's responsibility to review these Terms periodically. If at any time the User finds these Terms unacceptable, the User must immediately cease all use of the Website.

 

Contact Us

If you have any questions about these Terms, the Website, Products or orders or if you experience any problems with your account, you are welcome to contact our customer service via email at contact@icflavor.com.