You have no items in your shopping cart.
PURCHASE ORDER AGREEMENT
READ THESE TERMS CAREFULLY BEFORE COMPLETING YOUR PURCHASE ORDER AND SUPPLYING YOUR PAYMENT INFORMATION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THIS PURCHASE ORDER AGREEMENT, OR TO WANNAHAVACOOKIE INC.’S TERMS OF USE POSTED ON THIS WEBSITE, WHICH TERMS ARE HEREBY INCORPORATED BY REFERENCE, YOU MAY NOT ACCESS THIS WEBSITE OR USE ITS PURCHASE-ORDER SERVICES. YOUR CLICKING ON ANY "ADD TO CART" BUTTON AND YOUR CONTINUED USE OF THE PURCHASE-ORDER SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND THOSE OF THE TERMS OF USE.
This Purchase Order Agreement (the "Agreement") is between you (“you” or “Purchaser”) and WANNAHAVACOOKIE Inc. (“WANNAHAVACOOKIE”), a corporation organized and existing under the laws of the State of New York and with a principal place of business at 191 St Nicholas Avenue, 1F, New York, NY 10026. Your use of WANNAHAVACOOKIE’s purchase-order services by clicking on any "Add to Cart" button on this website signifies your agreement to the terms and conditions of sale set forth in this Agreement and in the terms of use (the “Terms of Use”) on WANNAHAVACOOKIE’s website (the “Site”). The latter are available at http://www.wannahavacookie.com/. If you have not already done so, please review them now.
1. Pay Per Use When you order our products, you will be asked to fill out an order form detailing the items you wish to purchase and other requested information. Your costs and charges (shipping and state and local sales taxes) will be itemized and based on per-unit prices posted on the Site on the day of your order. Prices and other costs are subject to change, so please consult the Site for current information before ordering. You are responsible for paying all fees associated with using WANNAHAVACOOKIE’s purchase-order services. You must give us a valid credit card or other accepted payment information for all of your purchases. Payment for puchases is due upon shipment. If the amount due is not paid in full, you will be responsible for unpaid charges plus any penalties, if applicable. If you have a question or wish to dispute a charge, please contact us at info@wannahavacookie.com.
2. Shipping We ship all our products with UPS or USPS, whether today or on a date picked by you from an array of possible delivery dates. We most commonly ship via UPS Ground, 2 Day, and Standard Overnight. All UPS shipments are guaranteed, but USPS shipments are only guaranteed with additional fees. If UPS misses its delivery date, we will refund the shipping charges on your order. Notwithstanding the foregoing, circumstances beyond our control or UPS’s, such as severe weather or natural disasters, may void this delivery guarantee together with our guarantee of freshness. During the month of December, Ground shipments cannot be guaranteed, although they generally run on time. Finally, if you give us an incorrect shipping address, attempts to reroute the item in transit will cause extra charges and delays or may escape our attention, preventing correction. If an incorrect address was provided by you, you agree to pay any extra shipping charges that may arise due to reshipment by UPS to the correct address. In these cases, WANNAHAVACOOKIE cannot guarantee the freshness of the product upon arrival. International shipments require special arrangements. Orders shipped outside the United States will be handled by telephone and are not covered by the preceding paragraph. You may place your order any time up to two (2) months before your delivery date. You can modify any existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) via phone or email until two (2) days before the original scheduled shipping date, and you will receive electronic confirmation of same. However, modified orders are subject to price changes, and a change of a delivery date may not guarantee the availability of your desired items.
3. Cancellations Cancellation of orders after two (2) days before your scheduled shipping date will result in a cancellation fee equal to the sum of 100% of the total amount of your order (since our products are all custom-ordered and perishable), excluding credit card fees and tax and redelivery charges, if applicable. You shall be responsible and liable for any fees and charges, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid bills from you.
4. Packaging and Freshness Guarantee Subject to our receiving correct shipping information, we agree to use packaging materials that will protect your order in transit and ensure freshness on delivery. The maintenance and duration of product freshness may vary. During the summer months, it becomes necessary to ship products via UPS 2 Day or some form of earlier delivery, and packages cannot be shipped to any destination that would require them to be held in a shipping facility over the weekend. When necessary, we reserve the right to substitute a product of equal or greater value, as explained in the Terms of Use. A courier service can also be requested for delivery of your order within the Borough of Manhattan. Courier requests must include a valid street address (no p.o. boxes), and a contact person's name and direct phone number. If the address is missing any of this information, WANNAHAVACOOKIE will void the courier request and its fees, and ship your order using the closest comparable shipping service. If an incorrect address was provided, you agree to pay any extra shipping charges that may arise due to reshipment of the voided courier delivery to the correct address and cancellation fees to the courier service, if applicable. In these cases, WANNAHAVACOOKIE cannot guarantee the freshness of the product upon arrival. WANNAHAVACOOKIE couriers maintain the same level of service and guarantee of freshness that are ensured in your shipped packages..
5. Appearance The color and appearance of our products as they appear on your computer screen may differ from their actual appearance. WANNAHAVACOOKIE makes no warranties that the display characteristics of its products will be totally identical to the the items exhibited on the Site.
6. User Information (a) You certify to us that you are not a minor, i.e., that you are at least eighteen (18) years of age and that your are an individual or entity capable of entering into a legally binding agreement. (b) For purposes of identification and billing , you agree to provide us with accurate, complete, and updated information, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). (c) You are solely responsible for maintaining the confidentiality of your account password, and agree thatWANNAHAVACOOKIE will have no obligations with regard thereto. (d) WANNAHAVACOOKIE reserves the right to reveal any registration data or other information in its possession regarding users of the Site in cooperation with a request or investigation by any governmental body or governmental agency and in accordance with the privacy policy set forth on this Site.
7. Warranty and Indemnification You represent and warrant to WANNAHAVACOOKIE that you will not transmit by means of your use of our Site or Site services any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; and (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to WANNAHAVACOOKIE that your use and resale (if applicable) of its products will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless WANNAHAVACOOKIE and its suppliers, officers, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs, including attorneys’ fees, incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants or arising from your violation of this Agreement or of the Terms of Use. You shall cooperate as fully as reasonably required in the defense of any claim. WANNAHAVACOOKIE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of WANNAHAVACOOKIE.
8. DISCLAIMER OF WARRANTY THE PRODUCTS AND SERVICES OFFERED HEREBY (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED THROUGH THE SITE) ARE PROVIDED AS IS, WITHOUT WARRANTIES BEYOND THOSE EXPRESSLY STATED IN THIS AGREEMENT AND IN THE TERMS OF USE, AND WANNAHAVACOOKIE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL WANNAHAVACOOKIE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY ARISING OUT OF THIS AGREEMENT AND THE TRANSACTION CONTEMPLATED HEREBY OR ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PURCHASE-ORDER SERVICES, EVEN IF WANNAHAVACOOKIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WANNAHAVACOOKIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE DOLLAR AMOUNT INCURRED AND PAID BY YOU FOR THE INDIVIDUAL PURCHASE THAT IS THE SUBJECT OF THE CONTROVERSY.
10. Termination If after clicking “Add to Cart” on this site, you should decide that you do no wish to accept the terms of this Agreement or proceed with your order, you have until notification of shipment to contact WANNAHAVACOOKIE and cancel your order.
11. Modifications to Agreement WANNAHAVACOOKIE has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the WANNAHAVACOOKIE Home Page (http://www.wannahavacookie.com) or upon notice by electronic mail, or U.S. mail. Your continued use of the WANNAHAVACOOKIE purchase-order service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
12. General This Agreement, together with the Terms of Use, constitute the entire agreement between you and WANNAHAVACOOKIE with respect to the product and product-ordering-service that WANNAHAVACOOKIE is offering and supersedes any and all prior agreements between you and WANNAHAVACOOKIE. Failure by WANNAHAVACOOKIE to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the State of New York (excluding its choice of law rules). You consent to personal jurisdiction in the federal and state courts of New York County, New York, New York, for any action arising out of or relating to the transactions contemplated hereby. The federal and state courts of New YorkCounty, New York, New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys’ fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
I ACCEPT I DO NOT ACCEPT
