TERMS AND CONDITIONS


GENERAL

These terms and conditions are effective as of October 1, 2020, and subject to change without notice. BeAsweetmessenger.com is operated by SweetMessenger LLC, located at 2170 Century Park East, Los Angeles, CA 90067. SweetMessenger LLC is a California based limited liability corporation with a DBA of BeASweetMessenger.com registered in the City of Los Angeles. By utilizing this website, either by browsing, visiting, purchasing, and/or executing an order, you hereby agree and are bound to the following terms and conditions, policies and provisions. As follows, any reference to “we, us, our” refers to BeAsweetmessenger.com and SweetMessenger LLC. If you do not agree to with these following terms and conditions, policies, and provisions, then please terminate use of this website immediately. Receipt of order does not imply confirmation of order. We reserve the right to cancel or decline your order. Please visit refunds/cancellations for more information. Information provided on this site is for reference only. You hereby agree that you are utilizing this information for your personal reference and at your own risk. We reserve the right to update or amend information without notice. Carefully read these terms and conditions, policies and disclosures before browsing, visiting, purchasing, and/or executing an order. You must be 18 years old or older to purchase or place any orders on the site. If you are younger than that, ask a parent or guardian to assist you with your order. Please be advised that packaging may contain sharp edges. Adult supervision required. Please submit any inquiries to info@beasweetmessenger.com

ARBITRATION POLICY

Any claims and/or disputes that arises between you and BeAsweetmessenger.com and its affiliates, officers, members, directors, agents, contractors, licensors, employees, information providers, suppliers, will be determined by California state law, to the maximum extent permitted by applicable law. When applicable, Federal Arbitration Act and Applicable Federal Law will govern these terms. You hereby agree that any dispute will be resolved by a neutral arbitrator, and hereby waive your right to trial by jury, judge, class action, or class arbitration. The first attempt to resolve the claim and/or dispute is mediation. If mediation fails, binding arbitration will follow. Binding arbitration will be administered by the American Arbitration Association on an individual basis. You agree not to participate in any class action or class arbitration. Decisions arising from the arbitration will be final and binding arbitrations. Any claimant filing a claim or dispute against BeAsweetmessenger.com will be responsible for half of the expenses incurred due to the claim or dispute. This includes but, not limited to, legal fees, filing fees, and attorney’s fees on behalf of BeAsweetmessenger.com. Both parties agree to resolve the claim and/or dispute in good faith.

RELEASE

BeAsweetmessenger.com will be released of any direct or indirect claims or damages of any dispute that arises between you and any third-party vendors or third-party servicer from use of the site. This includes any known or unknown demands or damages that are direct, indirect, and special. This release exempts BeAsweetmessenger.com from any lawsuit or legal proceedings between you and any third-party servicer.

DISCLAIMER

All the services and items provided on this website are on an “as-is,” “as available,” or “with all faults” basis, without warranty, of any kind, express or implied, oral or written, and disclaims all implied warranties. All terms and disclaimers on the site are to benefit BeAsweetmessenger.com and its affiliates, officers, members, directors, agents, contractors, licensors, employees, information providers, and/or suppliers.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless BeAsweetmessenger.com and its affiliates, officers, members, directors, agents, contractors, licensors, employees, information providers, suppliers from and against any and all liability, claims, and costs, including, without limitation, attorney’s fees, arising from your breach or alleged violations of these Terms of Service and /or the documents they incorporate by reference, or your violation of any law or trademark, copyright, or other intellectual property rights of a third-party.

LOST, STOLEN, MELTED, OR DAMAGED ORDERS

All products purchased from this website will be shipped by a third-party carrier. Once we supply the carrier service (USPS or FedEx) with your oder, the risk of loss for all orders will be passed to you. We are not responsible for any lost, stolen, melted or damaged goods. You are responsible for the accuracy of all information you provide. Please carefully review the shipping address before submitting an order. Please exercise discretion when ordering the filled boxes during warm/hot weather months. BeAsweetmessenger.com are not responsible for melted candy. Please be aware of this shipping policy before placing your order. Melted sweets can not be returned or refunded. We strongly encourage you to purchase the unfilled box sets during the warm/hot weather weather to ensure quality and freshness of your fill items.

MODIFICATION OF ORDERS, SERVICE AND PRICES

Prices are subject to change without notice. We reserve the right to substitute, modify, suspend, discontinue, and/or restrict the use of all or any portion of service or orders at any time.

PAYMENT

Payments will be processed immediately after an order is submitted. If a payment is withdrawn, disputed, or reversed by you, or if we do not receive payment from the applicable card issuer, you agree to pay the amount due immediately upon request.

REFUNDS AND CANCELLATIONS

Due to the customization and the personalization of each box set, we can not accept any returns or exchanges. All sales are final and no refunds will be issued. We cannot honor order cancellation requests. We try to fulfill all of our orders as quickly as possible to ensure that you have your boxes in time for all your special occasions , so each order is pulled from our inventory immediately after it’s received.

WARRANTY

There is no warranty that the products that you purchase on this site are appropriate for the specific purposes that you intend to use them for. All the services and items provided on this website are on an “as-is,” “as available” basis, without warranty, of any kind, express or implied, oral or written. We do not guarantee or warrant that the use of this site is 100% secure. Use of this site is at your own risk and you assume full responsibility. To the maximum extend permitted by law, we disclaim any warranties or representations, and we will not be liable for any damages of any kind related to your use of this sites and its products. And in no case will BeAsweetmessenger.com and its affiliates, officers, members, directors, agents, contractors, licensors, employees, information providers, suppliers be liable for any injury, loss, claim, and/or demands.

LIMITATION OF LIABILITY

In no event shall BeAsweetmessenger.com be liable for the direct, indirect, incidental, special, punitive, consequential damages or losses arising out of, or in any way connected to these terms of service, content of the website, and/or the products they are directly or indirectly expressed or implied to perform. This includes the personal injury, financial loss, or property damage from the service or products from the website. The total liability, in tort, breach of contract, or damages or losses arising out of this site, terms of service, or products will be limited to the total amount of the purchase in dispute.

INTELLECTUAL PROPERTY

All content on BeAsweetmessenger.com are registered or unregistered trademarks, logos, images, photographs and graphics and owned by SweetMessenger LLC. This includes the web design and layout, programming code operating the site. Copying, imitating or forwarding these items on the website are strictly forbidden. Contents of this website are for personal reference only.

CUSTOM DESIGN ORDERS

BeAsweetmessenger.com will only engage in written email correspondence for custom design orders. You will email your request and graphic to info@beasweetmessenger.com and we will format your image into our custom design boxes. You will have the opportunity to make changes and approve the box. Once approved, we are not responsible for for any errors, omissions, or quality of the image. We highly recommend that you submit images that are above 300 DPI resolution.

COPYRIGHT

You own, are authorized, or have permission, to use the images, logos, trademarks that you send to us for custom design boxes. You must warrant that the graphics you send to us does not infringe on any intellectual property rights.

SUGGESTIONS/FEEDBACK

BeAsweeetmessenger.com will not provide any compensation for any content, suggestions, or feedback you provide. Any content, suggestions, or feedback that is conveyed from your correspondence becomes the sole property of BeAsweetmessenger.com. We have the right to process and compile the information you send to us in any way without any restriction or monetary obligation to you.

TERMINATION

We reserve the right to suspend or terminate your access to our website without notice or reason.

THIRD PARTY SERVICES

Links featured on site may not be owned or operated by BeAsweetmessenger.com. We are not responsible for the content, services, or products of that third-party. We encourage you to review their Terms of Service and privacy policy before engaging in any transaction. Links to and from BeAsweetmessenger.com does not imply that we endorse the contents of the website or accept the sponsorship or endorsement of those third-parties. Links provided by us are for reference only.

DATA PRIVACY AND SECURITY

We do not accept any liability of information that is lost, misused, accessed, disclosed, altered or destroyed by a third-party. We use a third-party credit card merchant to collect your payment and a third-party vendor to host the site. We are not responsible for the actions made by these third parties. We do not accept any liability for loss and/or damage that you may suffer as a result of this third party’s acts and/or omission. There are risks associated with electronic transmission of personal information. By agreeing to these Terms of Service, you consenting to these risks.

OTHER

All orders are for personal use only. These boxes can not be resold or supplied to any third party.

ALLERGY INFORMATION/ NUTRITION & INGREDIENT INFORMATION/PROP 65
The box sets may contain or come in contact with wheat, soy, milk, eggs, peanuts, and/or tree nuts. DO NOT CONSUME if you may have an allergic reaction to these items. BeAsweetmessenger.com does not guarantee that the ingredients listed from the manufacturer are accurate or that cross-contamination did not occur during the packing process. For the most updated allergy, nutrition, ingredient information, visit the website of the manufacturer.

WHAT IS PROPOSITION 65?

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. The warnings are intended to help California consumers make informed decisions about their exposures to these chemicals from the products they use. This product can potentially expose you to chemicals including lead, nickel and chromium which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov

PRIVACY POLICY

Your privacy is important to us. “We”, at BeAsweetmessenger.com and SweetMessenger LLC (“us”, “our”), have made a commitment to protect your privacy. This privacy policy governs the relationship between you, the “user” and us. By submitting any personal information through our website, you are agreeing to the terms of this Privacy Policy and consent to the collection of your personal information. Personal information may include, but not limited to: your name, mailing address, telephone number, email address, credit card number, friend’s contact name, and/or friend’s mailing address. It may also include any information or content contained during email correspondence with us. Other personal information may be derived from your computer: IP address, browser type, operating system, time zone/date, location, duration, cookies, web beacons, among other data that is collected during your time on the site. We have not and will not intentionally provide your personal information to any third parties without your consent. However, some third party operators may require your information to complete your order. This may include, but not limited to, delivery parties, merchant services, and/or software and technical support. We do use an international server to process and store information. By agreeing to the Privacy Policy, you are consenting and acknowledging that your personal information is stored and process in another country. You must be 18 years-old or older to purchase or place any orders on the site. If you are younger than 18 years-old, we do not intentionally collect any information about minors. If you believe personal information has been gather on a minor, please contact us at: info@beasweetmessenger.com If you wish to have your personal information deleted from our database and servers, please contact us at: info@beasweetmessenger.com With the following information: your name, mailing address, telephone number, email address, and the specific request to remove you from our database. When required by law, we reserve the right to disclose your information to any law enforcement authorities when requested. If, and, when appropriate, should an acquisition or partnership take place, you authorize us to share your personal information with the third party. This privacy policy was last updated on October 2, 2020 and subject to change without notice. Please check back before submitting an order to ensure that you understand and expressly consent to these terms before placing an order.