PREAMBLE
This Terms and Conditions Agreement (herein “terms”) is between Sheesh Candy, LLC (herein “we”, “us”, “our”), and you, the user of SheeshCandy.com (herein “website”), and outlines the conditions under which you agree to use our website, products and services.
If you do not agree to these terms then you are not permitted to use our website or our services.
We may occasionally update these terms. Any updates to these terms are available here. You should review these terms from time to time for updates.
Questions about these terms should be submitted by email to support@sheeshcandy.com.
RESTRICTIONS
You must be 21 years of age or older to use this website and to purchase any product from us.
We fulfill and ship orders made through our website within the United States of America. Orders to be delivered outside of the United States will be refunded. If you want to introduce Sheesh! Candy products in markets outside of the United States, then you should contact us to make arrangements.
NOTICES
You are responsible for knowing the laws and regulations of your state concerning the receipt, possession and consumption of merchandise from our website. We ship merchandise in compliance with state and federal regulations. You are not authorized to use our merchandise in a way that is inconsistent with any federal or state law.
While we strive for 100% uptime of our website, we do not guarantee its availability. Updates, modifications and sometimes things beyond our control may result in our website being unavailable. We reserve the right to end the website and our services at any time without notice.
No warranties or claims, medical or otherwise, are made about the efficacy of our products.
Products and prices on our website are provided as-is and are subject to change without notice.
We reserve the right to reject and refund any order we believe violates these terms.
We use your personal information in accordance with our Privacy Policy. And we maintain a Returns and Shipping Policy which governs how we handle returns, refunds, fulfillment and shipping.
MISUSE OF SERVICES
The use of harmful or malicious software or hardware with our website is prohibited. We may terminate your access to our website and services and pursue legal remedies if we believe you are using our services in a manner that is fraudulent or inconsistent with these terms.
RESELL PROHIBITED
Unless you have established a wholesale account with us, you are prohibited from purchasing our products and reselling them in any way. If you are interested in establishing a wholesale account, you may contact us.
INTELLECTUAL PROPERTY
Unless provided through written permission, you are not authorized to use any intellectual property of Sheesh Candy, LLC, for any reason. This includes all things written and created by Sheesh Candy, LLC, and its employees.
THIRD-PARTY TOOLS
Our website uses several third-party services. These services are independent from Sheesh Candy, LLC and have their own Terms and Conditions you agree to when using them with our website. We make no warranty to the availability, security or safety of third-party services, and reserve the right to terminate or change access to any third-party service at any time.
STORE CREDIT (SHMOOBELS)
We offer store credit through an in-website currency called Shmoobels. Store credit is non-transferable and has no real-world monetary value. Store credit may only be used when purchasing products and services from our website and must be applied at the time of checkout. We cannot apply store credit to an order post-purchase. We may reject or limit the use of store credit on some products or services. We reserve the right to amend or terminate any store credit program from our website at any time without notice. We reserve the right to revoke store credit if we believe it was obtained in a manner inconsistent with these terms.
USER-GENERATED CONTENT
There are different ways you might submit content to us besides placing an order, such as using a feedback form; submitting a product review, or leaving a comment. Besides sensitive account information, which is governed by our Privacy Policy, this extra content that you might submit occasionally is called user-generated content. You acknowledge that you maintain the appropriate rights and permissions for any user-generated content you submit and that it does not infringe on any trademarks or copyrights. You permit Sheesh Candy, LLC, a non-exclusive, irrevocable, worldwide license to use any user-generated content you submit through our website for any purpose without any prior permissions or compensation to you. This extends to any user-generated content submitted through a third-party service under our control, such as a social media account or email address.
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 are effective unless and until terminated by either you or us. You may terminate these terms at any time by ceasing use of our website and services. We may terminate these terms by notifying you in writing. Upon notification, you shall immediately cease using our website and services.
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
These terms and any policies or operating rules we post on this website or in respect to our services constitutes the entire agreement and understanding between you and us and supersedes 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). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
EXCLUSIVE REMEDY
Your sole remedy for any claimed violation or breach of the terms is Termination of the same, in which case the obligations of all parties shall cease. Upon termination, you agree to cease using our website, services and products until such a time that you agree again to these terms.
INDEMNITY
You agree to defend and indemnify Sheesh Candy, LLC, its officers, directors, agents, employees, vendors and affiliates against all costs, expenses and losses (including reasonable attorneys’ fees and costs) incurred through claims of third parties against you arising out of or resulting from any claim, suit, proceeding or cause of action brought against you while using our website, services or products.
GOVERNING LAW
These terms shall be governed by and construed in accordance with the laws of the State of Texas. All legal proceedings, including arbitration, shall happen in the county of Liberty, TX.
