HALA SWEETS

TERMS & CONDITIONS FOR THE SALE OF GOODS

HALA SWEETS, LLC AND HALA SWEETS TERMS AND CONDITIONS FOR THE  SALE OF GOODS

Thank you for choosing Hala Sweets! By paying this invoice, the customer agrees to these terms  and conditions (“Terms”). These Terms apply to the purchase and sale of products through Hala  Sweets, LLC, Hala Sweets, or https://www.halasweetsmn.com (the “Site”). These terms and  conditions may change without notice by Hala Sweets, LLC or Hala Sweets (referred to as “Hala  Sweets”, “us”, “we” or “our” as the context may require), and updated Terms will be posted the  Site. Please carefully review these Terms. 

1. ORDER ACCEPTANCE

Thank you for choosing Hala Sweets! By paying this invoice, the customer agrees to these terms  and conditions (“Terms”). These Terms apply to the purchase and sale of products through Hala  Sweets, LLC, Hala Sweets, or https://www.halasweetsmn.com (the “Site”). These terms and  conditions may change without notice by Hala Sweets, LLC or Hala Sweets (referred to as “Hala  Sweets”, “us”, “we” or “our” as the context may require), and updated Terms will be posted the  Site. Please carefully review these Terms. 

2. PRICING & PAYMENT TERMS

(a) All prices posted on the Site are baseline prices, subject to change without  notice. Each order will vary in price, based on the details of the order. The price  for your order will be sent to you in an order confirmation email. All taxes and  charges will be added to your order total and will be itemized in your  confirmation email. We are not responsible for pricing, typographical errors on  the Site, or other errors in any offer by us. 

(b)Payment for all goods and services must be made via electronic payment. If  the order is received less than 14 days in advance, a full payment is required at  the time of order payment to confirm your order. When ordering 14 days or  more in advance, a 50% non-transferable deposit is required at the time of order  placement to confirm your order. The remaining payment is due seven days  before the delivery or pick-up of goods. A 15% late fee will be charged each  day the final payment is late. Full payment is required for you to receive the  goods ordered. Failure to pay will result in a loss in any right to the goods  ordered, forfeiture of deposit, and Hala Sweets may employ any additional  remedies available in these Terms.

(c)All cancellations must be made 72 hours in advance in writing and will result  in a store credit only.

3. ORDER CHANGES & VARITATIONS

(a) The final date of any changes to the size, flavor, style, and design of any  bakery goods are due 14 days before the completion date. Any changes after this date  cannot be guaranteed and may be subject to additional charges.

(b)All changes to existing orders must be submitted in writing through e-mail or phone text messaging only. Changes communicated via any other method will not be  honored.

(c)Seasonal items may incur an additional charge or may be substituted if  unavailable.

(d)While Hala Sweets makes every effort to provide the exact flavor, filling,  decoration, size, color, shape, and design discussed prior to order confirmation, creating  baked goods is an art form and may be subject to variations.

(e)If the customer supplies an image or likeness to be created, Hala Sweets  will make every attempt to make the good as close to the likeness as possible

(f)If the custom order requires equipment or ingredients that cannot be  obtained within the time allotted (including, but not limited to, exotic flavors, molds,  shapes, stamps, texture, and glitter), the closest resemblance available will be used to  complete the goods. 

(g)Color matching is not a precise science and different sugar substrates take  color differently. Hala Sweets will do everything possible to make substrates match each  other and to match provided color swatches, but sometimes it is not possible to make a  100% perfect color match and some colors cannot be achieved using food grade dyes. Hala  Sweets cannot match a verbally described color or a color sent via an electronic device as  all monitors display colors differently. To attempt a color match, the customer must  provide a color swatch no later than 14 days before the completion date.

(h)Hala Sweets reserves the right to make design and structural changes to any  customer order, without prior notification, if deemed necessary to maintain the stability  and integrity of the baked good.

4. DELIVERY OF GOODS: LIABILILTY OF RISK OF LOSS

(a) Hala Sweets delivers to location parameters specified on order form. You  must request delivery to a location within the parameters listed or pick up goods from the  location(s) designated for pickup on the order form

(b)Liability and Risk of Loss pass to you upon your acceptance of the goods.  Once the goods are delivered, and if contracted, set-up is complete, or the customer directly  removes the goods from Hala Sweets’ possession, Hala Sweets is not liable for any  damages to the goods nor any illness, injury or damages caused by or related to our goods.  The customer will have an opportunity at the point of exchange to visually inspect the  goods. Once the goods are delivered or when the customer removes the goods from Hala  Sweets possession, the customer approves the goods’ visual appearance and waives any  rights to a refund based on the style, design, or visual appearance of the goods.

(c)Hala Sweets IS NOT a gluten free environment, though we do our best to  be gluten friendly, some cross contamination is inevitable. The goods may contain or come  into contact with dairy, wheat, nuts, soy, and other allergens. Hala Sweets is not  responsible for any adverse effects of allergic reactions.

(d)Hala Sweets reserves the right to take photos of the goods for display or  promotion without the customer’s consent.

5. RETURNS & REFUNDS

Hala Sweets will always seek to perform our services in a  professional manner and provide the best customer experience possible. Should an event occur  where our goods or services do not meet our high standards, or the customer is dissatisfied, we  may—at our sole discretion—provide the amount paid for those products and services in store  credit. Hala Sweets liability is limited to amounts paid to Hala Sweets for its goods and services.  Hala Sweets 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.

6. FORCE MAJEURE

Hala Sweets shall not be held liable or responsible to the customer nor be deemed to have defaulted under or breached these Terms for failure or delay in fulfilling or  performing any term of these Terms to the extent, and for so long as, such failure or delay is caused  by or results from causes beyond the reasonable control of Hala Sweets including but not limited  to fire, floods, pandemics, embargoes, war, acts of war (whether war be declared or not), acts of  terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts  of God or acts, omissions or delays in acting by any governmental authority or the other party.  Hala Sweets and the customer shall mutually seek a resolution of the delay or the failure to  perform.  

7. GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these  Terms are governed by and construed in accordance with the internal laws of the State of  Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the  State of Minnesota or any other jurisdiction) that would cause the application of the laws of any

8. NO WAIVERS

The failure by us to enforce any right or provision of these Terms does  not constitute a waiver of future enforcement of that right or provision. The waiver of any right or  provision will be effective only if in writing and signed by a duly authorized representative of Hala  Sweets.

9. NO THIRD-PARTY BENEFICIARIES

These Terms do not and are not intended to confer  any rights or remedies upon any person other than you.

10. NOTICES

(a) To You. We may provide any notice to you under these Terms by: (i)  sending a message to the email address you provide or (ii) by posting to the Site. Notices  sent by email will be effective when we send the email and notices we provide by posting  will be effective upon posting.

(b)To Us. To give us notice under these Terms, you must contact us as at  halasweetsmn@gmail.com. Notices sent by email will be effective when we send a reply  to the email.

11. SERVERABILITY

If any provision of these Terms is invalid, illegal, void or  unenforceable, then that provision will be deemed severed from these Terms and will not affect  the validity or enforceability of the remaining provisions of these Terms.

12. ENTIRE AGREEMENT

Our order confirmation, these Terms, our Website Terms of Use  and our Privacy Policy will be deemed the final and integrated agreement between you and us on  the matters contained in these Terms. The failure by us to enforce any right or provision of these  Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of  any right or provision will be effective only if in writing and signed by a duly authorized  representative of Hala Sweets. These Terms do not and are not intended to confer any rights or  remedies upon any person other than you.