Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fancypants Baking Co. The collective work includes works that are licensed to Fancypants Baking Co. Copyright 2004-2012, Fancypants Baking Co. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fancypants Baking Co. or purchasing Fancypants Baking Co.products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fancypants Baking Co. or to purchase Fancypants Baking Co.'s products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fancypants Baking Co. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Refunds: Due to Damage
Fancypants Baking Co. takes great care in the packaging of our products, and it is rare that any damage occurs during shipping. However, if any item within a shipment is severely damaged or destroyed in the shipping process, we will gladly issue a refund for the item's cost. We cannot be held responsible for minor breakage such as small chips or cracks in the icing of our decorated cookies. Only those products which are severely damaged will be eligible for a refund, and we reserve the right to ask for photographic proof of damage. Fancypants Baking Co. is not responsible for damage caused by shipments being returned to us; being undeliverable because of an incorrect address you provided; as a result of the package's recipient being unable to receive the package on the date you specified; or because a package was delayed by a weather event or state of emergency.

If you would like to file a damage report, you must contact us within 24 hours of receipt of your package. Please note that shipping and handling charges are non-refundable. Lastly, because all of our products are perishable foods, no returns are allowed.


Refunds: Due to Errors
Fancypants Baking Co. is extremely attentive to the details of each customer's order. However, in the rare case that we make an error in color, design, spelling, or gift card message; we will happily issue you a partial or complete refund. As with all refunds, we reserve the right to ask for photographic proof of the error.

Please note that because our icing is made to order in small batches, variations in icing color may occur. Also, because all cookies are hand decorated, there may be small differences among the individual cookies in your order or among the cookies you receive and the examples shown on our website. No refunds will be issued for variations in color and/or design, or for any perceived handwriting differences on personalized cookies.


Cancellations & Order Changes
Fancypants Baking Co. makes every effort to accommodate our customers' requests for order changes; or partial or complete cancellations. However, because many of our products are made to order and take several days to complete before shipping, we cannot guarantee that you can cancel or change an order once it is placed. Requests for cancellations and order changes can never be made after an order has shipped, or after Fancypants Baking Co. has produced and/or packaged the products for the order. Please contact us immediately if you need to make a change or cancel an order, and we will try to accommodate you. But please understand that because of the nature of our products, our default position is that all sales are final. Thanks!


Trademarks
All trademarks, service marks and trade names of Fancypants Bakery used in the site are trademarks or registered trademarks of Fancypants Bakery


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fancypants Bakery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fancypants Bakery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fancypants Bakery does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Fancypants Bakery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fancypants Bakery has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Fancypants Bakery product is mistakenly listed at an incorrect price, Fancypants Bakery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fancypants Bakery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fancypants Bakery shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fancypants Bakery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Fancypants Bakery may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fancypants Bakery.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fancypants Bakery products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fancypants Bakery products) must be commenced within one (1) year after the claim or cause of action arises. Fancypants Bakery's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fancypants Bakery may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fancypants Bakery or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Fancypants Bakery does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fancypants Bakery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fancypants Bakery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fancypants Bakery in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Fancypants Bakery, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Fancypants Bakery may link to sites operated by third parties. However, even if the third party is affiliated with Fancypants Bakery, Fancypants Bakery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fancypants Bakery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fancypants Bakery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).