Terms of service
OVERVIEW
This website is operated by The Sugar Art, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to The Sugar Art, Inc.. The Sugar Art, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of 18 years in your state or province of residence, or that you are the age of 18 years in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 - PROCESSING TIMES
Upon the finalization of your order, processing times begin the following day and average between 1-5 business days. This is to fulfill the purchase only, it does not include delivery times or delays. Processing times are subject to change without notice during busy seasons or sales.
SECTION 6 - T-SHIRT ORDERS AND POLICIES
T-shirts are not manufactured or fulfilled by The Sugar Art. They are fulfilled by the partnering T-Shirt Company, SPOD, and will arrive in a separate delivery from any Sugar Art Products included in your order. SPOD processing times are 2-3 business days. This is to fulfill the T-Shirt Order and does not include shipping times or delays. T-Shirts also do not count toward the FREE SHIPPING threshold, as they are shipped by a separate company.
SECTION 7 - HOURS OF OPERATION
We are open Monday-Friday, 9am-4pm CST. We are closed during the weekends, Saturday-Sunday, and will not fulfill or ship orders during this time. Customer service is solely managed by ownership, via email. If you require any assistance, please email info@thesugarart.com. Responses are received within 1-2 business days.
SECTION 8 - MODIFICATION OF FINALIZED ORDERS
Due to limited customer service hours, we are unable to modify finalized orders. This includes combining orders as well. Please ensure your order is 100% correct prior to check-out.
SECTION 9 - CANCELLATIONS
Cancellation requests will be processed with a $5 cancellation fee. We are charged by both Shopify and banking institutions for all cancelled transactions, therefore this fee assists in covering those charges we incur. Please ensure you are 100% satisfied with your order prior to checking out.
All sales are final, as we do not process returns or exchanges.
SECTION 10 - ALL SALES ARE FINAL (REFUNDS / RETURNS)
We do not accept any returns on products or process refunds. We do not process exchanges on products, so please ensure you review each product description and purchase the products that will work best for your applications. All sales are final.
We do not process refunds on shipping fees. All charges are final.
We also do not offer returns or process refunds on T-Shirts, as they are produced by our partner SPOD and cannot be returned to SPOD.
SECTION 11 - MISSING ITEMS FROM PURCHASE:
Take a photo of your order in its original package before proceeding, as it will be a requirement for your claim. If you find any problems with products received, you must contact info@thesugarart.com within 7 days from date of delivery for a refund or a replacement. We will not process any missing items claims past the 7 days from the date the package arrived. This policy is firm. To file a missing items, claim, email info@thesugarart.com an image of what was received in the original packaging in order to process the request. All items must be in their original packaging to process a missing items claim.
SECTION 12 - DAMAGED ITEMS
Damaged items will only be replaced if the customer added ROUTE to their purchase. When opting out of ROUTE, you are agreeing The Sugar Art is not responsible for any missing, delayed or damaged packages.
Route package protection is the only option to have damaged products replaced or refunded. When opting out of Route Package Protection, you are agreeing that The Sugar Art is not responsible for any shipping damages that occur. If Route is not added to the purchase, the customer will need to file a claim with USPS.COM (please be advised they rarely approve any damaged claims, which is why we have partnered with Route Exclusively on shipping issues).
SECTION 13 - FILE CLAIM FOR DAMAGED PRODUCTS WITH ROUTE
You will need your Order Number and detailed photos of all damages. Please be advised of Route's policies that are emailed to all customers who purchase in regard to their processing times.
SECTION 14 - ROUTE INSURANCE POLICIES
When adding Route to your purchase, Route sends an automatic email with all of their guidelines and instructions. Please locate that email (check your spam folder) to understand how you file missing package and damaged claims.
The Sugar Art is proud to partner with Route, the leader in package protection and tracking solutions. By selecting Route+ at checkout your order will be protected from damage, loss*, or theft. In the unfortunate case that your order never comes or is broken upon arrival, you can easily file a claim with Route and receive a replacement or be fully reimbursed. We are excited to offer this service to you and we highly recommend you use Route+ package protection at checkout.
SECTION 15 - MISSING PACKAGE INSTRUCTIONS (ROUTE POLICY)
PACKAGES MARKED "DELIVERED:"
Claims for packages marked "delivered" yet not received and where there is no evidence of “porch piracy” must be made 5 days after “delivery date” but no longer than 15 days to ensure it was not misdelivered or easily found around the premises."
Claims for packages presumed to be lost (where the status is not "delivered") must be filed after 7 days (20 days for international) and within 30 days from the last checkpoint. To locate the checkpoint, click on your USPS Tracking Link sent from The Sugar Art and click "Tracking History."
USPS will provide dated updates under this section, and once it has been 7 days without an update - you are free to file a missing package claim. TO FILE A CLAIM WITH ROUTE, PLEASE VISIT: CLAIMS.ROUTE.COM
SECTION 16 - SHIPPING POLICIES
COURIERS USED:
The Sugar Art exclusively ships with USPS or UPS, and we do not offer any other shipping couriers at this time. Flat Rate Shipping includes both Priority Mail and First Class, depending on the weight of the order.
During checkout, the customer is able to choose the Courier they wish to receive delivery from, unless they select Free Shipping. When qualifying for Free Shipping, The Sugar Art will select the courier we feel is best for this order.
The Sugar Art Inc. has no control over shipping couriers and cannot control what happens with the weather or pandemic. We have no control over the courier's delays and are unable to refund shipping fees for those delays. All shipping couriers continue to experience delays. Please follow their websites for updates on their shipping times / delays.
PACKAGE PROTECTION INSURANCE:
When opting out of Route Insurance, you are understanding The Sugar Art is not liable for missing, delayed or damaged packages. Please add Route Insurance to your checkout if you would like insurance on your order.
DELIVERY TIMES:
Packages can take up to 10-14 business days to be delivered. Delivery dates are not guaranteed by The Sugar Art. Shipping delays are subject to happen, and The Sugar Art is unable to guarantee any and all ship-by dates.
SHIPPING FEES:
The Sugar Art is unable to refund shipping charges for any reason, including delayed, return to sender or missing packages.
RETURN TO SENDER ORDERS:
"Return To Sender" orders will be refunded at the cost of the item excluding shipping, or you can pay to have it shipped to the correct address for an additional $10 shipping and processing fee. The Sugar Art team does not alter any shipping addresses in any way, the customer is responsible for ensuring the address is correct. If the customer needs changes made to their shipping address, those changes must be submitted in writing to info@thesugarart.com.
MISSING & DELAYED ORDERS
Deliveries can take up to 10-14 business days, so please be patient with all shipping couriers. When opting out of Route Insurance, The Sugar Art is not responsible for any lost, delayed or damaged items. Route covers missing packages and damages to products, they also assist in tracking your order. We are unable to refund Route Package Protection Fees, as those fees are paid directly to Route.
WHEN ADDING ROUTE
INTERNATIONAL & UNITED STATES:
If a package states "delivered" by USPS tracking information and it is not delivered, the customer must first reach out to their local post-master to investigate. The local post-master has access to GPS Coordinates and can advise where a courier was standing when they marked the package as delivered. The Sugar Art team is unable to make phone calls on missing packages.
If a customer purchased ROUTE and USPS is unable to locate their box, the customer must file a claim at: CLAIMS.ROUTE.COM Route will process a replacement package to be sent, but processing times will apply. Route can also process a refund if the customer prefers a refund over a replacement, but the refund does not include shipping fees or Route Fees. The Sugar Art will not refund any shipping fees under any circumstances.
Deliveries can take up to 10 business days with USPS, so please be patient with the couriers.
Per ROUTE Policies, which all customers receive via email upon purchase, you are required to wait 7-days from each "checkpoint" that is found on your USPS tracking link. To locate the steps of the delivery, please click "tracking history." If you see no updates within the last 7-days of checking the link, you are free to file a claim with Route at the link below. Route will deny claims if there has been a checkpoint in the last 7-days, so please follow these policies.
WHEN OPTING OUT OF ROUTE
UNITED STATES :
This policy only applies to USA orders that did not add Route to the purchase. If you added Route to your purchase, see section above for instructions. On missing or delayed packages, the customer must submit an inquiry with their local USPS office. The Sugar Art is unable to call on missing or delayed packages. We are also no longer submitting claims to USPS, as they are rarely approved. If a package is damaged, the customer will be required to submit damaged claims to USPS.COM - again, they are very rarely processed and approved. This is why we have partnered with Route on all Shipping Concerns.
- When opting out of ROUTE, you are agreeing The Sugar Art is not responsible for any missing, delayed or damaged packages.
INTERNATIONAL:
This policy only applies to international orders that did not add Route to the purchase. If you added Route to your purchase, see section above for instructions. On missing or delayed packages for international orders that did not add Route, you must allow 4-6 weeks at minimum to receive the package during the Covid-19 pandemic. If after 6-weeks you do not receive the package, The Sugar Art will submit an online claim to USPS. It is not a guarantee the package will be found or refunded by the courier. If the Courier does not approve the claim, there will be no refund on this purchase. This is non-negotiable.
If the USPS claim is not approved, The Sugar Art will issue a refund on all product cost for the order as a one-time courtesy only. After this courtesy, The Sugar Art will no longer offer refunds on missing packages that are not covered by Route Package Protection.
- When opting out of Route, the customer agrees The Sugar Art is not responsible for any missing, delayed or damaged packages.
SECTION 17 - FORGOTTEN DISCOUNT CODES AND FREE SHIPPING
We are unable to honor discount codes that are forgotten during checkout. To submit a discount code, please click SHOW ORDER SUMMARY in the checkout cart and place your code there. Due to limited customer service, we are no longer able to offer this service. Discount codes are unable to be stacked, including Reward Points accrued. Shopify only allows 1 discount code per transaction. If the customer mistakenly chooses to use Rewards Points instead of discount codes, we are unable to reverse those points or honor the discount code. All codes entered in during checkout (including rewards) are final.
Free Shipping (applicable to United States only) automatically applies once there is $150 worth of SA product cost only in the cart. If you enter in a discount code and the amount drops below $150 USD, the option will not populate. Final payment must be submitted at $150 for free shipping to qualify. It will not appear on the first screen of your checkout, please go to the next screen and select FREE SHIPPING.
T-Shirts do not count toward the free shipping threshold, as they are manufactured and shipped by a separate drop shipping company (SPOD). All other products sold on the website will count toward the threshold.
SECTION 18 - REWARDS PROGRAM
Rewards Points only begin after a Reward Account is created. We do not retroactively add Rewards Points from previous purchases. All instructions for our rewards program can be found at the link below.
CLICK HERE FOR REWARDS PROGRAM DETAILS
SECTION 19 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 20 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 21 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 22 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 23 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 24 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 25 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 26 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Sugar Art, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 27 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Sugar Art, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 28 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 29 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 30 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 31 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 32 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 33- PRIVACY POLICIES
CLICK HERE FOR PRIVACY POLICIES
SECTION 34 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@thesugarart.com.
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