Thank you for choosing Cosmic Sweets Dessert Emporium LLC!
These terms and conditions serve as the contract between the customer and Cosmic Sweets Dessert Emporium LLC. By paying this invoice, the customer is agreeing to these terms and conditions.
Terms and conditions are subject to change without notice.
PAYMENTS
• All sales are final.
• All payments must be made in full in order to place order.
• All payments are non-refundable. Store credit can only be issued by Cosmic Sweets Dessert Emporium LLC Management. Any refund or store credit requests must be submitted in writing via email to support@cosmicsweetsdessertemporium.com. Cosmic Sweets Dessert Emporium LLC has 14 days to review this request and determine an outcome. The outcome will be sent the email address of the requester.
CHANGES
• The final date of any changes for the size, flavor, style, etc. is due 48 hours prior to the pick-up date. Any changes after this date cannot be guaranteed and may be subject to additional charges.
• All changes to existing orders must be submitted in writing through email only. Changes communicated via phone, social media messaging, text, etc. will not be honored.
• Seasonal items may incur an additional charge or may be substituted if unavailable.
RIGHTS & WAIVERS
• Cosmic Sweets Dessert Emporium LLC reserves the right to take photos of the product for display or promotion without the customer's consent.
• The customer is responsible for the product as soon as it leaves Cosmic Sweets Dessert Emporium LLC's premises. Upon visual inspection of product and its departure from the premises, the customer approves the product's visual appearance and waives any rights to a refund based on the style, design or visual appearance of the product.
• The product may contain or come into contact with milk, wheat, nuts, soy and other allergens. The customer is responsible for notifying anyone who may consume the product. Cosmic Sweets Dessert Emporium LLC is not responsible for any adverse effects of allergic reactions.
• Upon the event of a natural disaster, accident or other situation outside of Cosmic Sweets Dessert Emporium LLC's control, this contract may be voided.
• Cosmic Sweets Dessert Emporium LLC will endeavor to perform its services in a professional manner and provide the best customer experience possible. In the event that our products or services do not meet our high standards, or the client is dissatisfied, we may--at our discretion--provide the amount paid for those products and services in the form of store credit. Cosmic Sweets Dessert Emporium LLC's total liability is hereby limited to amounts paid to Cosmic Sweets Dessert Emporium LLC for its goods and services. Cosmic Sweets Dessert Emporium LLC will not be liable for any special, incidental, punitive, or consequential damages, whether foreseen or unforeseen, regardless of whether liability is based on breach of contract, breach of express or implied warranty, negligence, strict liability, tort, or otherwise.
• Only items, actions and dessert details explicitly listed in the invoice are guaranteed by Cosmic Sweets Dessert Emporium LLC.
DISPUTES & GRIEVANCES
• All disputes and grievances concerning service rendered or products provided must be submitted in writing via email within 7 days of the date of service.
• All food sales are final. All payments are non-refundable. Any compensation provided in response to a dispute or grievance will be in the form of store credit only.
• The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a directors of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within thirty (30) days from the date on which either Party has served written notice on the other of the dispute, then the remaining provisions of this clause shall apply.
• Arbitration In the event of a dispute between the Owner and the Operator (other than a matter to be resolved pursuant to this clause) concerning the interpretation of any provision of this agreement or the performance of any of the terms of this Agreement, such matter or matters in dispute shall be finally settled: a. under the Rules of Conciliation and Arbitration of the International Chamber of Commerce; b. by three arbitrators, one appointed by each Party, and the third, who shall be the chairman, selected by the two appointed arbitrators and failing agreement by the Chairman of the International Chamber of Commerce; c. the language of the arbitration shall be English; and d. the place of the arbitration shall be in El Mirage, Arizona.
• The determination of the arbitration entity is final and cannot be disputed further.
• Performance of this Agreement shall continue during arbitration proceedings or any other dispute resolution mechanism pursuant to this clause. No payment due or payable by the Owner or the Operator shall be withheld on account of a pending reference to arbitration or other dispute resolution mechanism except to the extent that such payment is the subject of such dispute.