Terms of service

OVERVIEW

Welcome to CANDYLICIOUS MIAMI! The terms “we”, “us” and “our” refer to CANDYLICIOUS MIAMI. CANDYLICIOUS MIAMI operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS & ALLERGEN DISCLAIMER

2.1 Accuracy of Representation
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

2.2 Allergen Warning & Cross-Contamination
While we take steps to safely handle products, please be advised that our products are packaged in a facility that handles milk, soy, wheat, peanuts, and tree nuts. We cannot guarantee that any item is free from traces of allergens due to the risk of cross-contamination. By purchasing from CANDYLICIOUS MIAMI, you acknowledge and accept this risk.

2.3 Product Availability
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. CANDYLICIOUS MIAMI reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until CANDYLICIOUS MIAMI confirms acceptance. We must receive and process your payment before your order is accepted.

3.1 Returns & Perishable Goods
Your purchases are subject to our Refund Policy. Due to food safety and hygiene regulations, we strictly do not accept returns on opened candy, custom mixes, or perishable goods unless they arrive damaged or incorrect. Please review our full Refund Policy for details on reporting issues.

3.2 Resale Prohibition
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

5.1 Delays
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

5.2 Heat & Melting Policy
We are not responsible for products that melt during transit, particularly in warm climates or during summer months. We strongly recommend adding “Insulated Shipping” to your order or choosing expedited shipping methods. Once we transfer products to the carrier, title and risk of loss (including heat damage) passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by CANDYLICIOUS MIAMI, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

CANDYLICIOUS MIAMI’s names, logos, product and service names, designs, and slogans are trademarks of CANDYLICIOUS MIAMI. You must not use such trademarks without the prior written permission of CANDYLICIOUS MIAMI.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, 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.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

CANDYLICIOUS MIAMI is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with CANDYLICIOUS MIAMI. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CANDYLICIOUS MIAMI.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain 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 and to change or update information at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any laws; (c) to infringe upon our intellectual property rights; (d) to harass, abuse, or harm others; (e) to transmit false or misleading information; (f) to upload viruses or malicious code; (g) to spam or phish; or (h) to interfere with the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. The following sections will continue to apply following any termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, and Privacy Policy.

SECTION 15 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY CANDYLICIOUS MIAMI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CANDYLICIOUS MIAMI OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CANDYLICIOUS MIAMI and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees 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 your violation of any law or the rights of a third-party.

SECTION 18 - 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.

SECTION 19 - WAIVER; 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 constitute the entire agreement and understanding between you and us.

SECTION 20 - 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 Florida, United States, and you consent to the exclusive jurisdiction of the courts located in Miami-Dade County.

SECTION 21 - CHANGES TO 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:
Email: shop@candyliciousmiami.com
Trading Name: Candylicious Miami