Terms And Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the services, products, and website of Donuts And Chisme, located at 355 Granville St, Columbus. By accessing or using our website, placing an order, or engaging with our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our services. We reserve the right to update these Terms at any time, and the revised version will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically. Your continued use of our services after any changes indicates your acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction to use our services and place orders. By using our services, you represent and warrant that you have the legal capacity to enter into these Terms and comply with all of its provisions. Additionally, you confirm that all information provided by you during the registration process or when placing an order is accurate, complete, and current. You are responsible for maintaining the accuracy of your account information and notifying us promptly of any changes. We reserve the right to refuse service to anyone, at our sole discretion, for any reason, including but not limited to suspected fraud, violation of these Terms, or failure to meet the eligibility requirements.

3. Product Descriptions and Availability

3.1 Product Information

We make every effort to accurately describe and display the characteristics of our products, including but not limited to their appearance, flavor, size, ingredients, and nutritional information. However, we do not guarantee that product descriptions or other content on our website are accurate, complete, reliable, current, or error – free. Color representations of products may vary depending on your device’s screen settings, and slight variations in product appearance may occur due to the handmade nature of some of our items. We reserve the right to modify product information at any time without prior notice.

3.2 Product Availability

Product availability is subject to change. We strive to keep our inventory levels updated on the website, but in some cases, a product may become out of stock or unavailable between the time you place an order and when we process it. In such situations, we will notify you as soon as possible and offer you the option to either wait for the product to become available, choose an alternative product, or cancel your order and receive a full refund. We are not liable for any inconvenience or loss caused by product unavailability.

3.3 New Products and Promotions

From time to time, we may introduce new products or run special promotions. Details of these new offerings and promotions will be posted on our website. We reserve the right to modify or terminate any promotion at any time, and any terms and conditions specific to a promotion will be provided along with the promotion details. Eligibility for promotions may be subject to certain restrictions, such as minimum purchase amounts, specific product categories, or customer eligibility criteria.

4. Orders and Payments

4.1 Placing an Order

When you place an order on our website, you are making an offer to purchase our products. We will send you an order confirmation email acknowledging receipt of your order. This email will contain details of your order, including the products ordered, quantity, price, shipping address, and estimated delivery date. However, acceptance of your order and the formation of a contract between you and Donuts And Chisme will occur when we confirm the dispatch of the products to you via a shipping confirmation email. If we are unable to accept your order for any reason, such as product unavailability, payment processing issues, or suspected fraud, we will notify you and cancel your order, and you will not be charged.

4.2 Payment

You agree to pay the total price for your order, including all applicable taxes, shipping fees (except for orders eligible for our free shipping offer within the United States), and any additional charges, using one of the payment methods accepted by us. We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated on our website. All payment information must be accurate, complete, and current. You are responsible for maintaining the confidentiality of your payment information and for all activities that occur under your account. In the event of a payment dispute, you agree to cooperate fully with us and our payment processors to resolve the issue. We may, at our sole discretion, pre – authorize your payment method prior to order processing to ensure sufficient funds are available.

4.3 Currency

Prices on our website are displayed in US dollars ($). If you are making a payment from outside the United States, your financial institution may convert the payment amount into your local currency, and you may be subject to foreign exchange fees and other charges imposed by your bank. We are not responsible for any such fees or charges.

4.4 Billing and Invoices

We will send you a billing statement for each order via email. The billing statement will include details of the products purchased, the total amount charged, and the payment method used. If you require a formal invoice for your order, you can request one by contacting our customer service team at [email protected] within 14 days of placing the order. We will provide you with an invoice in a format suitable for your business or personal needs.

4.5 Payment Security

We take the security of your payment information very seriously. Our website uses industry – standard security technologies, such as Secure Socket Layer (SSL) encryption, to protect your payment data during transmission. We also work with trusted payment processors who are compliant with the Payment Card Industry Data Security Standard (PCI DSS) to ensure the safe handling and storage of your payment information. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee the absolute security of your payment data.

5. Refund and Returns

5.1 General Policy

Our Refund and Returns Policy, which is incorporated into these Terms by reference, governs the process for returning products and obtaining refunds. In summary, you may return eligible products within 30 days from the date of purchase. To be eligible for a return, the products must be in their original, unopened condition with all seals intact, and accompanied by the original packaging and proof of purchase. Products that have been opened, consumed, damaged due to improper handling by the customer, or are personalized/custom – made (unless there is a defect) are not eligible for return.

5.2 Initiating a Return

To initiate a return, please contact our customer service team at [email protected] or call us at +1 614 – 269 – 7116. Our customer service representatives will guide you through the process and provide you with a Return Merchandise Authorization (RMA) number. This number must be clearly marked on the outside of the return package. Without a valid RMA number, we may not be able to process your return efficiently.

5.3 Return Shipping

We offer free return shipping for all eligible returns. Once you have received your RMA number, we will send you a prepaid shipping label via email. Simply print the label, attach it to the package, and drop it off at the designated shipping carrier location. If you choose to use your own shipping method, you will be responsible for all shipping costs, and we cannot guarantee the safe arrival of the returned items. We recommend using a trackable shipping method and obtaining proof of postage when returning products.

5.4 Refund Process

Once we receive your returned items and verify their eligibility, we will process your refund within 3 business days. The refund will be issued to the original payment method used for the purchase. For example, if you paid by credit card, the refund will be credited back to your credit card account. Please allow an additional 3 – 5 business days for the refund to appear in your account, as this may vary depending on your bank or payment provider. In the case of a partial return, we will refund the appropriate amount based on the number of products returned and the original purchase price.

5.5 Exchanges

Currently, we do not offer direct exchanges. If you wish to exchange an item, you will need to return the original item following the return process outlined above and place a new order for the desired product. We will process your return and refund according to our Refund and Returns Policy, and you will be responsible for placing a new order and paying for the new item.

5.6 Damaged or Incorrect Items

In the unlikely event that you receive a damaged item or an incorrect product, please contact our customer service immediately. We will arrange for a replacement or a full refund at no additional cost to you. To expedite the process, please provide us with clear photos of the damaged or incorrect items along with your order details. If we are unable to replace the item, we will issue a full refund and may also offer you a discount on your next purchase as a gesture of goodwill.

6. Intellectual Property

6.1 Ownership

All content on our website, including but not limited to text, graphics, logos, product names, trademarks, service marks, trade names, images, audio clips, video clips, software, and any other materials (“Content”), is the property of Donuts And Chisme or its licensors and is protected by United States and international intellectual property laws, including copyright, trademark, and patent laws. You do not acquire any ownership rights to the Content by using our website or services.

6.2 Use Restrictions

You may not use, reproduce, distribute, modify, create derivative works from, display, perform, sell, license, or otherwise exploit any of the Content without our prior written permission. You may only use the Content for personal, non – commercial purposes in connection with your use of our services, provided that you keep intact all copyright and other proprietary notices contained in the Content. Any other use of the Content is strictly prohibited.

6.3 Trademarks

The Donuts And Chisme name, logo, and all related product and service names, design marks, and slogans are our trademarks or registered trademarks. You may not use these trademarks without our prior written consent. Any unauthorized use of our trademarks may constitute trademark infringement and unfair competition, and we reserve the right to take legal action against anyone who violates our trademark rights.

6.4 User – Generated Content

If you submit any content, such as reviews, comments, photos, or other materials (“User – Generated Content”) to our website or services, you grant us a worldwide, non – exclusive, royalty – free, sublicenseable, and transferable license to use, reproduce, distribute, display, perform, modify, create derivative works from, and otherwise exploit your User – Generated Content for the purposes of operating and promoting our business, including but not limited to displaying your User – Generated Content on our website, social media platforms, and marketing materials. You represent and warrant that you have the right to grant us this license and that your User – Generated Content does not violate the rights of any third party.

7. User Conduct

7.1 Compliance with Laws

When using our services, you agree to abide by all applicable laws, regulations, and these Terms. This includes but is not limited to laws regarding intellectual property, data protection, consumer protection, and online conduct. You are responsible for ensuring that your use of our services does not violate any laws in your jurisdiction.

7.2 Prohibited Activities

You may not:

Use our services for any illegal or unauthorized purpose, such as money laundering, fraud, or the promotion of illegal activities;
Interfere with or disrupt the operation of our website or services, or attempt to gain unauthorized access to our systems, servers, or networks, including but not limited to using hacking, cracking, or other unauthorized means;
Upload or transmit any viruses, malware, Trojan horses, worms, spyware, adware, or other harmful or malicious code, or any content that could damage, disable, overburden, or impair our website or services or the devices of other users;
Engage in any activity that could damage, disable, overburden, or impair our website or services, such as excessive automated requests, denial – of – service attacks, or spamming;
Use our services to harass, abuse, threaten, or harm other users, or to transmit any offensive, defamatory, or inappropriate content;
Impersonate any person or entity, or otherwise misrepresent your identity or affiliation with any person or entity, including but not limited to using a false name, email address, or profile picture;
Use our services to collect or store personal information of other users without their consent;
Use any robot, spider, crawler, or other automated device, process, or means to access our website or services for any purpose, or to monitor or copy any Content or other materials on our website without our prior written permission;
Reverse engineer, decompile, or disassemble any part of our website or services, or attempt to do so.

7.3 Account Security

You are responsible for maintaining the confidentiality of your account username and password. You are liable for all activities that occur under your account. If you suspect that your account has been compromised, you must notify us immediately by contacting our customer service team. We will not be liable for any losses or damages arising from your failure to maintain the security of your account.

8. Limitation of Liability

8.1 General Limitation

To the maximum extent permitted by law, in no event shall Donuts And Chisme or its affiliates, officers, directors, employees, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, business interruption, or any other intangible losses, arising out of or in connection with your use of our services or products, even if we have been advised of the possibility of such damages.

8.2 Cap on Liability

Our total liability to you for all claims arising out of or in connection with these Terms or your use of our services and products, whether in contract, tort, or otherwise, shall not exceed the total amount you have paid to us for the products or services that are the subject of the claim in the six – month period preceding the claim.

8.3 Exceptions

The above limitations of liability do not apply to our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Donuts And Chisme and its affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to legal fees, court costs, and settlement amounts, arising out of or in connection with your violation of these Terms, your use of our services or products, your infringement of any third – party rights, or any activity conducted through your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with us in the defense of such matters.

10. Termination

10.1 Right to Terminate

We reserve the right to terminate or suspend your access to our services, without notice and at our sole discretion, if we believe that you have violated these Terms, engaged in any illegal or unauthorized activity, or if we need to discontinue our services for any reason, such as system maintenance, technical issues, or changes in our business strategy.

10.2 Effect of Termination

Upon termination, your right to use our services will immediately cease, and you must destroy any Content or materials you have downloaded or obtained from our website. All provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, limitation of liability, indemnification, and governing law, will remain in full force and effect.

10.3 Account Closure

If your account is terminated, we may delete all data associated with your account, including but not limited to order history, payment information, and user – generated content. However, we may retain certain information for legal, regulatory, or business reasons, such as to comply with tax laws, resolve disputes, or prevent fraud.

11. Governing Law and Jurisdiction

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of law provisions.

11.2 Jurisdiction

Any disputes arising out of or in connection with these Terms or your use of our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio. You consent to the personal jurisdiction of these courts and waive any objections to venue in these courts.

12. Waiver and Severability

12.1 Waiver

No waiver by us of any breach or default of these Terms shall be deemed a waiver of any subsequent breach or default. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired.

13. Entire Agreement

These Terms, together with our Privacy Policy, Refund and Returns Policy, and any other policies or guidelines posted on our website, constitute the entire agreement between you and Donuts And Chisme regarding the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, oral or written, relating to the same.

14. Contact Us

If you have any questions or concerns about these Terms or our services, please contact us at:
Donuts And Chisme
355 Granville St, Columbus
Email: [email protected]
Phone: +1 614 – 269 – 7116
Our customer service team is available during regular business hours to assist you.