CALL: 646-283-2590   EMAIL: order@wannahavacookie.com

Thank you for visiting the website of WANNAHAVACOOKIE INC. (“WANNAHAVACOOKIE” or “we”). WANNAHAVACOOKIE maintains this site (the “Site”) for your personal convenience and communication. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and WANNAHAVA COOKIE regarding this Site not specifically referenced herein are superceded and of no force or effect.

Our Guarantee

WANNAHAVACOOKIE guarantees the freshness of its baked treats. We aim to combine home-baked goodness and the utmost in gourmet experience. Your satisfaction is very important to us. If you are dissatisfied for any reason, please contact us at info@wannahavacookie.com and we will assist you. You have up to seven (7) days after delivery, or until the expiration date printed on the box, which is earlier, to return the product(s) you purchased. We may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.

Please bear in mind, however, that because we don’t add preservatives, our items are best enjoyed up to four (4) days after delivery and some items may be frozen up to two weeks to extend freshness. All items containing perishable ingredients (butter, etc.) should be refrigerated and enjoyed once brought to room temperature. We recommend that you use expedited delivery services for deliveries to states west of the Mississippi, or south of South Carolina. For this reason, we ask you to check all of your addresses carefully. We cannot extend our guarantee of freshness to orders for which we are given an incorrect address. In addition, deliveries may be affected by extreme weather conditions. In an effort to ensure that your gift arrives on time and in excellent condition, we reserve the right to substitute an item of equal or greater value where circumstances require. In making substitutions, we take great care and consideration in selecting gifts or items that will meet or exceed the expectations of you, the buyer, or, if different, the person to whom you are sending our products. Alternatively, if market conditions beyond our control prevent us from filling your entire order, we will make every reasonable effort to contact you prior to delivery.

Cookie/Tracking Technology

This Site may use so-called cookie and tracking technology. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help us customize the Site for specific visitor needs and interests. Personal information cannot be collected via cookies and other tracking technology. However, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate information obtained from such cookie and tracking technology may be shared with third parties for the purpose of compiling and giving them general demographic information about our customer base.

Allergy Warning

WANNAHAVACOOKIE products may contain nuts or other substances that may be hypoallergenic, such as nut oils, wheat flour, cane sugar, butter and eggs, and other ingredients. Information about product ingredients or product descriptions presented on the Site is intended to impart general nutrition and consumer information. WANNAHAVACOOKIE is not engaged in rendering medical advice or services. The information and descriptions presented on this Site are not intended to substitute for dietary advice from properly credentialed professionals.

Copyright

This Site belongs to WANNAHAVACOOKIE. You may not distribute, modify, transmit, repost or use for public or commercial purposes the content of the Site, including the text, images, audio and video, without WANNAHAVACOOKIE’s written permission. Any nonpersonal information, communications or material you submit to us at this Site, by email, download, or otherwise (each, a “Submission”) is nonconfidential, and WANNAHAVACOOKIE is free to use and reproduce such Submission freely, and for any purpose. Specifically, WANNAHAVACOOKIE is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including but not limited to developing, manufacturing, advertising and marketing products. The person who submits the idea or concept will not be compensated, either at time of submission or in the future, and agrees that any idea or concept submitted to WANNAHAVACOOKIE will remain the property of WANNAHAVACOOKIE.

You acknowledge and warrant that any Submission you make contains only your own material and content or material and content you have undeniable rights to use, and that by using such content, WANNAHAVACOOKIE will not violate any third party’s rights.

Trademark

The trademarks, logos, characters, metatags, and service marks (collectively, the “Marks”) displayed on or used in connection with this Site belong to WANNAHAVACOOKIE or are used with permission. No user of this Site has a license or right to use any Mark. Your use of the Marks or any other content on the Site in any manner that conflicts with these Terms of Use will infringe our rights and is strictly prohibited.

Linking

This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. WANNAHAVACOOKIE may not have reviewed all the websites linked to the Site and is not responsible for the content of any other such websites. WANNAHAVACOOKIE does not control goods and services that may be offered through those sites, and makes no representations or warranties of any kind, express or implied, regarding any merchandise offered by third parties. There is always a risk that the content offered to users in connection with those goods and services may be offensive, harmful, inaccurate or deceptive. Please be mindful of this if you link to outside websites, as you alone bear any risks and consequences associated with them.

In general, WANNAHAVACOOKIE does not object to links to this Site from third-party websites. However, unless permission in writing is granted by WANNAHAVACOOKIE, you may not use any Marks in or with your links. You may not present the link to this Site in any way that suggests we have a relationship or affiliation with your site or that endorses, sponsors or recommends our products on your site. You may only link to this Site using the plain text name of the Site, and to no more than the home page, and you may under no circumstances incorporate any content from this Site into your website by inlining, framing, or otherwise. You are also prohibited from using any other words or codes identifying the Site in any metatag. WANNAHAVACOOKIE reserves the right to cancel permission to link at any time, for any reason.

Privacy Policy

Please refer to the “Privacy Policy” link located on the Homepage for the WANNAHAVACOOKIE Privacy Policy. If you are a New York resident, you may have this same information emailed or mailed to you by sending a letter to our address at PO Box 39, New York, NY 10268, with your email or mailing address and a request for this information.

Costs and Charges

Your sales costs and shipping charges will be itemized in your Purchase Order, Invoice or Email Confirmation. Any material change to our costs and charges or to these Terms of Use may be posted, without notice, on this Site at any time, so please check the Site before placing an order. If you are a New York resident, you may have this same information emailed or mailed to you by sending a letter to our address at PO Box 39, New York, NY 10268, with your email or mailing address and a request for this information.

We collect applicable state and local sales taxes. Use taxes may also apply if your order is large enough to warrant the use of vehicle delivery in lieu of mail carriers and/or shipping services. You agree your costs and charges are due and payable upon shipment.

You agree that you may be billed separately for each individual request submitted to WANNAHAVACOOKIE.

You agree that all costs and charges are payable in advance in the currency in which they are billed. All charges will be exclusive of value added or other taxes except sales taxes, except as required by law. All billing addresses provided to WANNAHAVACOOKIE must be a legal United States, Canada, or Puerto Rico billing address.

You agree that WANNAHAVACOOKIE may (in its sole discretion) accumulate charges incurred during each month and submit them as one or more aggregate charges at the end of each month, with the total aggregate charge being payable upon receipt of the applicable invoice.

Your order will arrive with an invoice that will list all of the items you have received and were billed for. If you purchase an order as a gift, you will receive an electronic invoice with the items and their cost, in lieu of a paper copy. The person for whom the gift was purchased will receive a gift receipt, listing the items without the pricing. If you believe something is incorrect or missing from your order, please contact us at info@wannahavacookie.com, or 646.283.2590 within 24 hours of receipt of your order or of electronic confirmation, as applicable.

You agree that WANNAHAVACOOKIE may submit costs and charges for subsequent requests without additional authorization from you, until you provide prior 10 (ten) days’ written notice to us at PO Box 39, New York, NY 10268, that you have terminated this authorization or wish to change your designated card. Your card issuer’s agreement governs your use of your rights and liabilities as a cardholder. Such notice will not affect charges submitted before WANNAHAVACOOKIE could reasonably act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact WANNAHAVACOOKIE within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by WANNAHAVACOOKIE in accordance with these Terms of Use.

You must promptly notify WANNAHAVACOOKIE of changes to the account holder name, account number expiration date, or the billing address of your designated card. You must also promptly notify WANNAHAVACOOKIE if your card is placed on hold by your card issuer or canceled for any reason.

WANNAHAVACOOKIE reserves the right to suspend or terminate your account without notice upon rejection of any card charges for any reason, including if your card issuer seeks return of payments previously made to WANNAHAVACOOKIE. If you are liable for the charge(s), a reactivation fee to reactivate service and shipping and other additional charges may apply.

You may not share your password with another person. If you give your password to another person or treat it negligently, we are not responsible for any false charges that result. If you misplace your password, you must contact us at info@wannahavacookie.com, or 646.283.2590 immediately. You are solely responsible for any authorized or unauthorized use of your account password and are responsible for all use and charges incurred through your password until you notify us that it has been lost or fallen into the wrong hands. Until then, we may charge any ordered amounts directly to the credit card identified in your customer account information. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we incur in our efforts to collect any unpaid bills from you. Your rights to use our Site are subject to limits established by us and your credit-card issuer.

Shipping

Available delivery windows and associated delivery charges will be shown as you proceed through the ordering process. Please read your Purchase Order form, Invoice or Email or other electronic confirmation carefully for terms and conditions relating to shipping and delivery.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations governing your purchase of our items and your listing, resale, solicitation of offers to purchase, and resale of the items purchased through this Site.

You may not use the Site to undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting, or disseminating any information or material that a reasonable person would deem to be unlawful, harmful, threatening, or defamatory or that infringes the intellectual property rights of any person or entity, or that in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation.

Jurisdictional Issues

WANNAHAVACOOKIE’S products, offers, and information appearing on this Site are intended for U.S. visitors/customers and for lawful purposes only. This Site is controlled by WANNAHAVACOOKIE from its headquarters in New York, New York. WANNAHAVACOOKIE makes no representation that materials purchased or advertised through this Site are appropriate or available for use in other locations. If you use this Site from other locations or resell our products, you are responsible for compliance with applicable local laws and rules.

Copyright Infringement

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.

WANNAHAVACOOKIE treats claims of infringement seriously. If you have a basis for believing that WANNAHAVACOOKIE is the hosting service provider of material that infringes your copyright, you may submit a written notification of claimed infringement to WANNAHAVACOOKIE by way of its designated agent, as follows:

By Mail:

WANNAHAVACOOKIE INC. Attn: Marisa Angebranndt
PO Box 39
New York, NY 10268
By Phone: 646.283.2590
By Fax: 888.414.7972
By Email: info@wannahavacookie.com

 

NOTE: No other notices or communications should be sent to the designated agent, who has no authority other than to receive notices of copyright claims.

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see U.S.C. Sec. 512(c)(3)). Please read this section of the DMCA and review its requirements carefully. Any notice you send our designated agent will only be valid if it fulfills all of the requirements.

Disclaimer of Warranties

YOU AGREE THAT THE SITE AND THE PRODUCTS SOLD THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. ALL EXPRESS AND IMPLIED WARRANTIES EXCEPT THOSE SET FORTH UNDER ‘GUARANTEES’, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WANNAHAVACOOKIE DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, WANNAHAVACOOKIE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE, OR OBTAINED FROM A THIRD PARTY BY PURCHASING THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WANNAHAVACOOKIE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you. Limitations of Liability UNDER NO CIRCUMSTANCES SHALL WANNAHAVACOOKIE, ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, IN EXCESS OF THE PURCHASE PRICE ACTUALLY PAID BY THE CUSTOMERS INVOLVED. UNDER NO CIRCUMSTANCES WILL WANNAHAVACOOKIE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WANNAHAVACOOKIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WANNAHAVACOOKIE SITE OR THE PRODUCTS SOLD THROUGH THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE PRODUCTS, FROM INABILITY TO USE THE SITE OR THE PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS DIRECTLY OR INDIRECTLY RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE PRODUCTS OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold WANNAHAVACOOKIE, and its officers, subsidiaries, affiliates, successors, directors, officers, agents, service providers, suppliers, employees, and assigns harmless from all liabilities, claims, demands, and expenses, including reasonable attorneys’ fees, that are due or that arise from your use or misuse of any goods or services obtained through the Site, or for infringement by you or others of intellectual property rights or any other right of any third party associated with your violation of this agreement or any agreement incorporated by reference herein. WANNAHAVACOOKIE may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with WANNAHAVACOOKIE in such event. Your indemnification will survive termination of your use of the Site and this agreement.

Waiver

Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of these Terms of Use be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Use.

No Guaranty

WANNAHAVACOOKIE does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control.

No Agency

You and WANNAHAVACOOKIE are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use or by any other agreement incorporated by reference herein.

Representation

You represent and certify that you are an individual or entity capable of entering into a legally binding agreement. If you are not so capable, you shall not proceed to use the order form, shopping cart or other services of the Site.

Governing Laws and Consent to Service of Process

You agree that the proper forum for jurisdiction and venue for the resolution of any dispute beyond that addressed in the arbitration provision above shall be the courts of the State of New York, New York County. You consent to personal jurisdiction in the federal and state courts of New York County for any action arising hereunder. This agreement shall be governed by and interpreted in accordance with the laws of the State of New York. The parties acknowledge that these Terms of Use and the Purchase Order Agreement you enter into to purchase your ordered items evidence a transaction involving interstate commerce.

Integration

These Terms of Use (together with any documents referred to in it, such as the Purchase Order Agreement) contain the whole agreement between the parties and supersede all previous understandings and agreements between the parties relating to the transactions enabled by the Site. Each customer and user acknowledges that, in agreeing to enter into these Terms of Use, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Terms of Use or any documents referred to in it) made by or on behalf of any other party or any other person whatsoever. Each party knowingly waives all rights and remedies which, but for this provision, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance.

Survival

Provisions herein relating to costs and charges, copyright and trademarks, absence of warranties, liability limits, indemnities, severability, absence of agency, and governing law shall survive any termination or expiration of this agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to WANNAHAVACOOKIE Inc., c/o Marisa Angebranndt, PO Box 39, New York, NY 10268 (in our case) or in your case, to the email address you provided to us (either during the registration process or when your email address changes). Notice shall be deemed given 24 (twenty-four) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, WANNAHAVACOOKIE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to WANNAHAVACOOKIE. In such case, notice shall be deemed given three days after the date of mailing.

Feedback

We welcome your questions and comments on this document, which you may email to info@wannahavacookie.com.