Pete's Gourmet™ Confections/PETESGOURMET.COM policy:
Welcome to Pete's Gourmet™ Confections and petesgourmet.com. Pete's
Gourmet™ Confections and its affiliates provide their services to you subject
to the following conditions. If you visit or shop at petesgourmet.com, you
accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to petesgourmet.com, to understand our practices.
COPYRIGHT
All content included on this site, such as text, graphics, logos, web name,
company name, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of Petes Gourmet Confections™ or its content suppliers and
protected by United States and international copyright laws. The compilation of
all content on this site is the exclusive property of Petes Gourmet Confections™ and protected by U.S. and international copyright laws. All software
used on this site is the property of Petes Gourmet Confections™ or its
software suppliers and protected by United States and international copyright
laws.
TRADEMARKS
Petes Gourmet Confections™, PETESGOURMET.COM, MELTINYOURMOUTH, ORIGINALS,
PETE'S GOURMET ™, GOURMET MARSHMALLOW™ and other petesgourmet.com graphics, logos, page headers, button icons, scripts,
and service names are trademarks or trade dress of Petes Gourmet Confections™, its affiliates or subsidiaries. Petes Gourmet Confections™
trademarks and trade dress may not be used in connection with any product or
service that is not Petes Gourmet Confections™, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits Petes Gourmet Confections™ or Petesgourmet.com. All other
trademarks not owned by Petes Gourmet Confections™, its affiliates or its
subsidiaries that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
Petes Gourmet Confections™, its affiliates or its subsidiaries.
LICENSE AND SITE ACCESS
Petes Gourmet Confections™ grants you a limited license to access and
make personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of Petes Gourmet Confections™. This license does not include any resale or commercial
use of this site or its contents any collection and use of any product listings,
descriptions, or prices any derivative use of this site or its contents any
downloading or copying of account information for the benefit of another
merchant or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Petes Gourmet Confections™. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Petes Gourmet Confections™ and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing Petes Gourmet Confections™ 's name or trademarks
without the express written consent of Petes Gourmet Confections™. Any
unauthorized use terminates the permission or license granted by Petes Gourmet Confections™. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Petes Gourmet Confections™
so long as the link does not portray Petes Gourmet Confections™, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Petes Gourmet Confections™
logo or other proprietary graphic or trademark as part of the link without
express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Petes Gourmet Confections™ does sell products for
children, but it sells them to adults, who can purchase with a credit card. If
you are under 18, you may use Petes Gourmet Confections™ only with
involvement of a parent or guardian. Petes Gourmet Confections™ and its
affiliates reserve the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content send e-cards and other
communications and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "Spam." You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. Petes Gourmet Confections™ reserves the
right (but not the obligation) to remove, edit, or otherwise make use of such content, but does not
regularly review posted content. If you do post content or submit material, and
unless we indicate otherwise, you grant Petes Gourmet Confections™ and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Petes Gourmet Confections™ and its
affiliates and sub licensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post that the
content is accurate that use of the content you supply does not violate this
policy and will not cause injury to any person or entity and that you will
indemnify Petes Gourmet Confections™ or its affiliates for all claims
resulting from content you supply. Petes Gourmet Confections™ has the
right but not the obligation to monitor and edit or remove any activity or
content. Petes Gourmet Confections™ takes no responsibility and assumes no
liability for any content posted by you or any third party.
RETURN POLICY
We have a 100% satisfaction policy, any item purchased from Petes Gourmet Confections™
can be returned in a "almost" unused condition for a complete refund
(minus shipping) or
replacement within the first Ten (10) business days after the purchase of the
item.
Any return made without prior approval from Pete's Gourmet Confections will
be subject to a 20% restocking fee.
CANCELLATION POLICY
Cancellations of non-custom products
can be made anytime before the product ships. If order is cancelled after the
product ships you will be refunded for your order minus shipping costs.
Any cancellation made when the
package is delivered to the recipient and refused without prior approval from
Pete's Gourmet Confections will be subject to a 20% restocking fee.
Custom orders can only be cancelled
before production of the custom product begins.
SHIPPING POLICY
The staff at Pete's Gourmet try their very best to insure that our gourmet
marshmallow products arrive in the best condition possible. Therefore, we take
extra care when shipping each package.
Orders made after 11:00 AM PST will be processed the following day.
Processing usually takes 1-3 business days during most of the the year,
processing will take longer during the Holidays. Orders made over a weekend or
Holiday will be processed during the following work week.
For temperatures under 75 degrees, ground shipping is available for any of our
gift basket, gourmet food or any other marshmallow candy products. For warmer
weather, 2 day air is required. In some cases, during the summer months and in
extreme heat, overnight air may be required. Insulated packaging is often
necessary for shipping in warm to hot weather.
Our non-chocolate products (undipped Marshmallows) are shipped via Fed-ex
ground year round and our chocolate products can be shipped during the colder
months via ground too. During extreme heat we reserve the right to ship only on
Monday and Tuesdays to insure safe arrival of packages not being shipped next
day air.
Shipping is based on business days and a five day work week. Example:
If your order is shipped on Wednesday to New York from Oregon VIA UPS ground delivery (estimated 4 day delivery time). Processed on and given to UPS on
Wednesday.....ship days Thursday, Friday, Monday and delivered Tuesday.
Pete's Gourmet Confections is not
responsible for undeliverable addresses, missing, stolen, or incorrectly
addressed packages.
DAMAGED GOODS
In the event you receive damaged
or partially damaged goods you are required to keep the product in its original
internal and external packaging. You must notify Pete's Gourmet immediately upon
receipt so we can contact the shipping company (Fedex, UPS, USPS, etc.)
for an inspection of the damaged goods for the claim. If you dispose of
the damaged items or the packing materials or fail to cooperate with the
shipping company's inspector we WILL NOT REFUND for the damaged goods and
will additionally charge you for any replacement products sent.
RISK OF LOSS
All items purchased from Petes Gourmet Confections™ are made pursuant
to a shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to the carrier.
PRODUCT SUBSTITUTIONS
Petes Gourmet Confections™ always tries to pack your exact order, on the
rare occasion (high volume Holidays)
we may find the need to substitute a
product of equal or greater value to insure your order arrives in a timely
manner.
PRODUCT DESCRIPTIONS
Petes Gourmet Confections™ and its affiliates attempt to be as accurate
as possible. However, Petes Gourmet Confections™ and Petesgourmet.com do
not warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by Petes Gourmet Confections™ itself is not as described, your sole remedy is to
return it in unused condition.
OTHER BUSINESSES
Parties other than Petes Gourmet Confections™ and its subsidiaries
operate stores, provide services, or sell product lines on this site. In
addition, we provide links to the sites of affiliated companies and certain
other businesses. We are not responsible for examining or evaluating, and we do
not warrant the offerings of, any of these businesses or individuals or the
content of their Web sites. Petes Gourmet Confections™ does not assume any
responsibility or liability for the actions, product, and content of all these
and any other third parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Petes Gourmet Confections™
ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
Petes Gourmet Confections™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
Petes Gourmet Confections™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Petes Gourmet Confections™
DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM Petes Gourmet Confections™
ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Petes Gourmet Confections™
WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. 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.
APPLICABLE LAW
By visiting Petesgourmet.com, you agree that the laws of the state of
Oregon, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and
Petes Gourmet Confections™ or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Petes Gourmet Confections™ or to products you purchase through Petesgourmet.com shall be
submitted to confidential arbitration in Medford, Oregon, except that,
to the extent you have in any manner violated or threatened to violate Petes Gourmet Confections™ ' intellectual property rights, Petes Gourmet Confections™ may seek injunctive or other appropriate relief in any state or
federal court in the state of Oregon, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern your visit to
Petesgourmet.com. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any
remaining condition.
OUR ADDRESS
OUR ADDRESS for inquiries or returns:
Petes Gourmet Confections™
201 Bateman Drive, Suite 17, Central Point, Oregon 97502
http://www.petesgourmet.com
customerservice@petesgourmet.com
1-866-857-3837