Terms & Conditions
Terms & Conditions
Agreement between user and www.newyorkpeniscakes.com Welcome to www.newyorkpeniscakes.com. The www.newyorkpeniscakes.com website (the "Site") is comprised of various web pages operated by CS Party Services. www.newyorkpeniscakes.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.newyorkpeniscakes.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Please refer to definitions at the bottom of this document. By purchasing or booking a cake, or by accessing, browsing and using the Site you agree to be subject to the following Terms and Conditions and release www.newyorkpeniscakes.com or its parent company, assigns, employees and consultants from any and all liability for any loss, injury, claim, cost or damage directly or indirectly connected with the chosen cake. In consideration of your participation in ordering a cake, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to change these Terms and Conditions at any time without prior notice. All changes to these Terms and Conditions will be posted on the Website.
VENDORS www.newyorkpeniscakes.com utilizes a nationwide network of bakers and are continuously adding locations and selections offered. If we need to change or withdraw offerings due to circumstances beyond our control, comparable alternatives will be offered. Our Vendors have their own terms and conditions and in order to participate in the ordering process, participants will be required to accept their Terms and Conditions.
www.newyorkpeniscakes.com DESCRIPTIONS We strive to keep all information regarding items as accurate and up to date as possible. However, precise details of each item may change from time to time and from each Vendor and may not fully or precisely describe the actual Package received. The description is a summary at the time of publication but may change, subject to www.newyorkpeniscakes.com or our Vendor’s discretion. The pictures used in all promotional materials, including the website, are for illustration purposes only and may not accurately reflect the exact item you will receive.
BOOOKING PROCEDURES When you book an item, you authorize www.newyorkpeniscakes.com to facilitate orders on your behalf with any third parties with whom www.newyorkpeniscakes.com have contracted to provide the item, including making payment arrangements on your behalf with the Vendor. www.newyorkpeniscakes.com are your booking agent to schedule and Book on your behalf the relevant item from relevant vendors. Once we schedule your order with our Vendors, We will contact you and provide order confirmation information. You must follow all instructions as outlined in your booking confirmation email. Failure to do so may result in non delivery of your item. In this situation, refunds or rescheduling will not be possible. Vendors are solely responsible for their health and safety standards and operating practices. www.newyorkpeniscakes.com and our Vendors have the right to refuse to provide any item or any portion thereof to the redeemer, participant, purchaser or recipient for any reason.
AVAILABILITY, BOOKING AND CONFIRMATIONS The general availability guidelines for each item are guidelines only and no guarantee of availability. We cannot guarantee an order for an item for a chosen day or time. Your initial booking is a request and as such does not guarantee your order. You should not consider your order confirmed until receiving a confirmation email. The email address that was used to book the item will receive a written confirmation by email (or any other method deemed necessary by us) once an order has been confirmed. If for any reason the confirmation email is not received, it is your responsibility to contact us to seek confirmation. All items are offered subject to availability and must be booked according to the booking procedures stated in these Terms and Conditions. Bookings must be made in advance. Guidelines and suggestions for advanced booking will vary by Vendor and are provided on the Website and during the booking process. In the case of overbooking, mechanical difficulties, acts of God, equipment availability, illness, weather conditions, or other acts or events outside our control or that of our Vendors, We reserve the right to work with the Vendor to make a reasonable substitution on the day of the item to be delivered. If substitution is not possible, www.newyorkpeniscakes.com reserve the right to cancel the item on short notice. If an item is cancelled by us or one of our Vendors, for any reason, you will be notified as soon as possible in order to book a convenient alternate at no additional charge.
REFUNDS We do not process any returns or reimburse any payment transactions on any purchases of our items.
COMPLAINTS Problems with the item are best rectified on the day. Therefore, if there are any problems or complaints, please notify usr immediately so we have the opportunity to address the issue(s). We also expect the Participant, redeemer, recipient or purchaser to inform us of the details of the complaint at the earliest reasonable time following the item delivery.
OTHER TERMS AND CONDITIONS www.newyorkpeniscakes.com are independently owned and operated. Our Vendors are individually responsible for their health and safety standards and operating practices. www.newyorkpeniscakes.com therefore makes no guarantees of the consistency or efficacy of individual Vendors.
We accept no responsibility and shall not be liable for any loss, injury, claim, cost, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise which arises out of or is in anyway connected with (a) the use of one of our items or (b) the performance or nonperformance by any Vendor even if all parties have been advised of the possibility of damages. We shall under no circumstances be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control.
If any provision of this Agreement is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. All clerical errors are subject to correction. The failure of www.newyorkpeniscakes.com to enforce at any time any of the provisions of the Agreement shall not be construed to be a waiver of such provisions or the right of www.newyorkpeniscakes.com to enforce such provisions in the future. The Purchaser, Recipient, Redeemer and/or Participant may not assign any rights under these terms.
Agreement without Our written consent. The Purchaser, Recipient, Redeemer and/or Participant shall have no right to set off amounts due with respect to one transaction for claims under any other transaction with www.newyorkpeniscakes.com. Any disputes arising under this Agreement shall be resolved, if not sooner settled, by a state or federal court of competent jurisdiction located in New York, U.S.A., and the Purchaser, Recipient, Redeemer and/or Participant hereby irrevocably submits to the exclusive jurisdiction of such courts. These Terms and Conditions are subject to change.
ACCEPTANCE OF RISK You understand and agree that you must evaluate and bear all risk associated with purchasing, redeeming, participating in, or otherwise using any item provided by www.newyorkpeniscakes.com.
SERVICES PROVIDED: www.newyorkpeniscakes.com provides a booking service, and Participant agrees that www.newyorkpeniscakes.com has earned the full price of the booking service collected for processing orders whether or not the Participant receives the item. www.newyorkpeniscakes.com provides booking services and delivers order information by the Internet, and Participant, redeemer, recipient or purchaser accepts that this is the service rendered by www.newyorkpeniscakes.com. www.newyorkpeniscakes.com does not sell merchandise; www.newyorkpeniscakes.com provides booking services. In booking tickets, www.newyorkpeniscakes.com is acting as an agent for customer in obtaining the item. Once booked, the item is the property of Participant. In conformance with the agency agreement herein, www.newyorkpeniscakes.com may charge a portion of the total amount you have authorized to be paid to www.newyorkpeniscakes.com, redeemer, recipient or purchaser and may charge the balance of the total amount you have authorized to be paid directly to the Vendor used by www.newyorkpeniscakes.com.
INDEMNIFICATION You agree to defend, indemnify, and hold harmless www.newyorkpeniscakes.com and its parent company, employees and consultants, its licensors, licensees, Vendors, and other suppliers and their respective parents, subsidiaries, and affiliated companies, and the officers, directors, shareholders, employees, and agents of all such entities, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, without limitation, reasonable legal and accounting fees, brought by you or any third parties (collectively, “Claims”) arising out of or resulting from: (1) your use of an item; regardless of whether your Claim is based in tort, strict liability, or any other legal theory; (3) your violations of these Terms and Conditions; (4) your violation of any law or the rights of a third party; and (5) your use of the Website.
LIMITATION OF LIABILITY AND RELEASE www.newyorkpeniscakes.com AND ITS LICENSORS, LICENSEES, VENDORS, AND OTHER SUPPLIERS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF ALL SUCH ENTITIES HEREBY DISCLAIM ANY AND ALL WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) IN CONNECTION WITH ANY item, YOUR USE OF THE www.newyorkpeniscakes.com BOOKING SERVICE, AND/OR YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. www.newyorkpeniscakes.com ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, www.newyorkpeniscakes.com ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY VENDOR OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR USE OF ANY item. www.newyorkpeniscakes.com HAVE NO LIABILITY AND WILL MAKE NO REFUND FOR SUCH DAMAGES OR EXPENSES. While www.newyorkpeniscakes.com make reasonable efforts to ensure the accuracy and completeness of the information contained on the Website, any Booking Confirmation, or other materials or communications to you, such information and communications may contain technical inaccuracies or typographical errors. www.newyorkpeniscakes.com MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF SUCH INFORMATION OR COMMUNICATIONS OR ANY SOFTWARE, PRODUCTS, OR SERVICES MADE AVAILABLE ON THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SAME. ALL SUCH INFORMATION AND COMMUNICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUS. BY PURCHASING, REDEEMING, BOOKING AND/OR PARTICIPATING IN A www.newyorkpeniscakes.com PACKAGE, YOU HEREBY RELEASE AND FOREVER DISCHARGE www.newyorkpeniscakes.com FROM ANY AND ALL LIABILITIES, LOSSES, CHARGES, CLAIMS, COSTS, DAMAGES, INJURY AND ACTIONS, IN LAW OR EQUITY, THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES HAVE OR MAY IN THE FUTURE HAVE BY REASON OF ANY ACT, OMISSION, MATTER, CAUSE OR THING THAT OCCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH A PARTICULAR PACKAGE. Despite the limitations and release above, if www.newyorkpeniscakes.com are found liable for any loss or damage which arises out of or if in any way connected with any of the occurrences described above, then the liability of www.newyorkpeniscakes.com shall in no event exceed, in the aggregate, the greater of (a) the amounts paid for the item giving rise to your claim, or (b) one hundred dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations of liability and release provided in these Terms and Conditions inure to the benefit of www.newyorkpeniscakes.com and shall survive the termination of your relationship with www.newyorkpeniscakes.com for any reason.
Purchaser or Redeemer The person who completes the financial transaction or the person or persons who request a reservation for a date(s) of service with the www.newyorkpeniscakes.com Vendor for a item electronic receipt will be provided to the purchaser or redeemer at the time of the transaction. www.newyorkpeniscakes.com or We or Us or Our or Ourselves A division of CS Party Services
Any corporation, individual or group of individuals designated by www.newyorkpeniscakes.com engaged in the provision of Packages or related materials. Recipient The person or persons designated to receive or utilize the item.
The person or persons who order or utilize the item. Website www.newyorkpeniscakes.com Item Anything ordered through the website.
Contact Us www.newyorkpeniscakes.com welcomes your questions or comments regarding the Terms:
Email Address: email@example.com
Telephone number: 1.866.590.4445
Effective as of January 01, 2012