Terms and Conditions

This website is operated by Donut Cream LLC. Throughout the site, the terms “we”, “us”, the “Company” and “our” refer to Donut Cream. Donut Cream offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on _________________. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The content of this Internet site is owned or controlled by Donut Cream LLC (www.donutcream.com) and is protected by worldwide copyright laws. Content may only be downloaded for personal use and non-commercial purposes. Content may not be copied or used in any other way.

The owners of this site will make reasonable efforts to include up-to-date and accurate information, but make no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. The owners of this site shall not be liable for any damage or injury resulting from your access to, or inability to access, this Internet site, or from your reliance on any information provided in the site.

The trademarks, service marks, trade names, trade dress and products that appear in this Internet site are protected in the United States and internationally. All uses must obtain prior written authorization from the owners of these trademarks, service marks or trade names, except to identify the products or services of the company.

All personally identifiable information related to our electronic communications is governed by this Web site’s privacy statement. The owners of this site are free to use or copy all other information from such communications, including any ideas, inventions, concepts, techniques or knowhow disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

ONLINE STORE TERMS:

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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

GENERAL CONDITIONS:

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Wherein, you understand that:

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

You agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.

Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.

Contains any type of unauthorized or unsolicited advertising.

Impersonates any person or entity, including any Donut Cream employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PRODUCTS

We will use reasonable endeavors to ensure that the size and description of the Products delivered conform to those ordered by you, as set out in the Confirmation, although minor variations may occur as our doughnuts. Products may vary slightly from their pictures. The images of the products on our social media platforms and website are for illustrative purposes only. We make every effort to display the colors, toppings and fillings as accurately as we can. We cannot guarantee that your computer’s display of colors accurately reflects the color of our products. Your products may vary from those images. 

Images used on our social media pages and certain pages on our website are stock photos and may no longer be available to purchase. Current ranges can be found on our order online pages and the in store menu page. We will take reasonable steps to pack the Products and to ensure that the Products will be in good condition when they are collected from our store. Product packaging may vary from images shown on the website. We will endeavor to let our customers know of any alternatives in the packaging where possible. 

We warrant that when the Products are collected from our store they will:

- conform in all material aspects with their description or any sample we provided to you;

- Be of satisfactory quality.

- Be fit for human consumption; and

- Comply with all applicable statutory and regulatory requirements for selling these Products. 

This warranty does not apply:

- To any defect in the Products arising from willful damage, accident or negligence by you or any third party;

- If you store or use the Products in a way that we do not recommend; or

- If you fail to follow our instructions in relation to the Products.

In the unlikely event that the Products do not conform with the above warranty, we will provide you with a refund (using your original payment method), exchange voucher or replacement Products. In the unlikely event that our Products arrive damaged we will require clear images of the damages to the Product, packaging and shipping label to investigate and find a resolution. Failure to provide any images will void any resolution that we can offer. Any Damages/Delays/Missing Products must be raised with our customer service team (email donut cream) within 5 days of the selected delivery date. Any issues raised after this time may not be eligible for a refund or compensation.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

ORDER AND DELIVERY:

Our shopping page and website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. Our acceptance of your order will take place when we email you to accept it, at which point a contract between you and us will come into existence. 

If we are unable to accept your order or supply you with a Product, we will inform you of this and will not process your order or charge you for the Product. This might be because the Product is not in stock or no longer available, because we are unable to meet your requested delivery or collection date or because of an error in the price or description of the Product. If you have already paid for the Products, we will refund you the full amount.

If you wish to make a change to the Product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

You shall be responsible for ensuring the accuracy of the terms of any order and for checking that the Confirmation is correct. Where details have been input incorrectly these must be raised in writing with our customer service team. It is not guaranteed that any amendments can be changed to an order once it has been confirmed.

If ordering for collection, you will select a date and time to collect your Products from our store. You must collect the Products from the store you selected when placing your order, on the day you selected when ordering and within the relevant store's opening hours. As a made fresh daily product if your order is not collected on the day, you selected when placing the order it will be disposed of and no refund will be given. The opening hours for the store you selected are shown as part of the order process. Opening hours for all of our stores can be found on our website.

You will be requested to provide proof of purchase or other identification, such as your confirmation email or the payment card used to pay for your order when you collect the Products, so please ensure you have this with you.

We will take reasonable steps to meet the delivery date and time set out on the Confirmation or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date and/or time with you.

Our Delivery courier is (determinar compañia encargada de delivery). We are not liable for any delivery issues caused by (determinar compañia encargada de delivery). such as delays, damage, loss. However, we endeavour to understand and resolve any issues on your behalf.

PROMOTIONAL DISCOUNTS AND OFFERS

From time to time we may issue promotions and discounts on our Products as part of promotional and loyalty campaigns ("Promotions"). All promotions are subject to these terms of service. Participation in Promotions is subject to the following terms, as well as any specific terms issued by us from time to time in relation to individual Promotions ("Promotion Terms"). Current applicable Promotion Terms are set out below these general terms. By participating in a Promotion, you agree to and accept the Promotion Terms.

We reserve the right to alter, amend, cancel and interpret the Promotion Terms at any time. Promotions are only applicable in Donut Cream stores and do not apply in any other store or outlet unless expressly stated otherwise in the Promotion Terms.

Each Promotion will only be valid during the period specified in the Promotion Terms. If you have been issued with a coupon or code (a "Voucher") as part of a Promotion, in order to participate in the Promotion, you should present the Voucher to the server prior to ordering any Products. If you have a hard copy Voucher, you must surrender it to the server to retain as evidence of the entitlement to the discount given.

Participation in Promotions is subject to availability. We will use our reasonable endeavors to ensure that sufficient stocks of promotional items are available in our stores but shall not be liable to you if sufficient stocks are not available. If sufficient stocks are not available we may, at our discretion, offer you an alternative product of similar value but no cash alternative will be offered.

All Vouchers, gift cards issued as part of a Promotion are non-transferable and may only be redeemed once. Any Vouchers, gift cards presented to a server for redemption as part of a Promotion which appear to have been defaced or falsified in any way may be refused at the discretion of the server or store manager.

Promotions cannot be used in conjunction with any other offer or discount.

OPTIONAL TOOLS

We may provide you with access to third-party tools over 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 and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy here.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains 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, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Donut Cream, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Donut Cream and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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 United States.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at donutcreamcompany@gmail.com.