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Terms and Conditions (“Terms”)


Last updated: March 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) and our Privacy Policy carefully before using the shakerandspoon.com website (the “Service”) operated by Shaker & Spoon Site (“us”, “we”, or “our”).

These Terms apply to all visitors, members, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and the Privacy Policy. If you disagree with any part of the terms then you do not have permission to access the Service and you should leave our website.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information will be stored and protected pursuant to our Privacy Policy.

In submitting the requested information you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We use third party delivery services to deliver your Purchase. This means that the risk of loss and title for the Purchase passes to you upon our delivery to the third party carrier.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. While we strive for accuracy the information found on the Service may contain errors or inaccuracies and may not be complete or current. We do not warrant that product descriptions or pricing is accurate, complete, reliable, current or error-free. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If an error or inaccuracy occurs with respect to your Purchase your only remedies would be to return your Purchase pursuant to our return policy [is there one?] or you may contact us for any credit if appropriate.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service will be governed by separate, additional rules available on this web-site. Please review the applicable rules as well as our Privacy Policy and these Terms and Conditions. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. We do not market to, or sell to, children.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to terminate accounts that violate any of the rules in this section.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Shaker & Spoon Site and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shaker & Spoon Site. Subject to your compliance with these Terms and Conditions we grant you a limited, non-transferable license to access and make personal use of the Service. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Shaker & Spoon Site.

Shaker & Spoon Site has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Shaker & Spoon Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination and Cancellation

We reserve the right to refuse or cancel your Purchase order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your Purchase order if you provide inaccurate or incomplete information to us, appear to be engaging in fraud or an unauthorized or illegal transaction activity with respect to your use of the Service or appear to be in breach of these Terms and Conditions.

By using our Service you consent to receive communications from us electronically. We will provide all notices, including cancellation, to you at the last e-mail address that you have provided to us. However, we reserve the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to fraud or unauthorized or illegal transaction activity.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Limitation Of Liability

IN NO EVENT SHALL SHAKER & SPOON SITE, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITH RESPECT TO ANY PURCHASE MADE BY USE OF THE SERVICE OUR LIABILITY IS LIMITED TO THE PRICE PAID BY THE PURCHASER.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

SHAKER & SPOON SITE ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will indicate the date upon which these Terms are modified and prior versions will be maintained. If any of these Terms shall be deemed invalid, void or unenforceable that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us @ [email protected]


Privacy Policy


Shaker & Spoon (“ S & S ”, “ we, ” or “ us ”) is committed to providing a valuable, and safe experience for our customers. This Privacy Policy (this “ Policy ”) applies to and governs any and all Personal Information (as defined below) you provide to us or we collect about you while (“you ,” “ your, ” or “ user ”) visiting or using our web-site, http://www.shakerandspoon.com . (the “Site”) This Policy applies whether you access the Site through a personal computer, mobile device, or any other means.

Together with our Terms and Conditions (the “ Terms ”), this Policy is a legally binding agreement between you and S & S. By accessing or using the Site or by registering for an Account (as defined below), you consent to the Terms and the Policy, including S & S’s collection, use, and disclosure of your Personal Information (as defined below) as described below. Please read this Policy carefully. S & S reserves the right to change or modify this Privacy Policy as it deems necessary or appropriate due to changes in our business practices or changes in the law.We will indicate the date upon which this Privacy Policy is modified and prior versions will be maintained.

What is Personal Information?

For the purposes of this Policy, we define “ Personal Information ” is your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, or any other identifier that permits S & S to contact a natural human person, like you, and/or any information that S & S maintains that could be used to identify you in combination with any of the identifying information described above.

We will collect and store any Personal Information you provide to us. For example, to create an account for the Site (“ Account ”) we ask you to provide your name and an email address. When you purchase from the Site, we ask you to provide your name, shipping address, phone number and credit card information, including number, expiration date and authentication codes. We collect and store any Personal Information that you choose to provide in accordance with this Policy. Please note: it is your choice to provide us with this information.

Personal Information does not include “aggregate” information, which is data we collect automatically about the use of the Site. The Policy does not restrict or limit our collection and use of aggregate information, and we reserve the right to share such aggregate information with potential partners or other third parties without restriction.

Information We Collect

Information You Give Us: S & S receives and stores any Personal Information you provide through the Site or through any other means, including, without limitation, information you provide to S & S when you register for an Account, purchase a product, (as defined below), or request information from S & S regarding our products or services. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Website.

We may employ the use of third party providers for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide your Personal Information to these third parties who are subject to this Privacy Policy.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Gift Subscriptions: You may purchase a Subscription for a recipient other than yourself (“ Gift Subscription ”). The Gift Subscription recipient’s Personal Information that you submit to S & S will be used only to send the gift, and will not be stored or maintained by S & S.

Automated Collection: S & S automatically receives and stores certain types of Personal Information when you visit the Site, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site; the Internet address of the website from which you linked to the Site; any search terms you used to find the Site; the device identifiers and mobile and network information, and your actions on the Site. This information will be treated as Personal Information if we combine or link it to any of the identifying information above. Otherwise, this information constitutes aggregate information.

We may also automatically receive and store certain types of information when you visit the Site through the use of cookies, web beacons, or similar programs to collect the information described above. A cookie is a small text file that is sent to your computer to collect information about your activities on the Site. The cookie transmits this information back to the applicable Site each time your browser requests a page from the Site. We may also use cookies to maintain session information you provide to us, so that when you leave the Site and return, the Site will recognize your device. “Web beacons” are small pieces of code placed on website used to collect advertising metrics, such as counting page views, promotion views, or advertising responses. We may also use cookies or web beacons to measure aggregate web statistics, including the number of monthly visitors, number of repeat visitors, most popular webpages and other information. Cookies do not contain any Personal Information and it is our policy not to track your Internet usage outside of the Site. However, you always have a choice with regard to cookies. You can modify your browser preferences to allow you to accept or reject all cookies or to notify you when a cookie is set. If you choose to reject all cookies, you may be unable to use certain areas of the Site. Please consult your browser instructions for information on how to modify your choices about cookies. Finally, you may delete any existing cookies manually from the hard drive of your device. For more information about cookies, please visit www.allaboutcookies.org.

“Do Not Track”: Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. S & S supports and honors “Do Not Track” web browser settings. If you enable Do Not Track settings in the browser you are using, S & S will not collect, store, or use Personal Information about website you visit using that browser other than www.S & S-shop.com. Other parties, however, may not honor Do Not Track signals. These parties may collect Personal Information about your online activities over time and across different web Site when you visit www.S & S-shop.com, for example by using cookies on our Site. We have no access to or control over other parties’ Personal Information collection practices, even those with which S & S may have an affiliation. You should carefully review the privacy policy and terms of any website you visit. For more information about Do Not Track, please visit www.allaboutdnt.org.

Use of Personal Information 

S & S stores your Personal Information for only as long as you maintain your Subscription or Gift Subscription, and may use the Personal Information provided or obtained through the Site to:

  • Perform research and analysis about your use of, or interest in, our products, services, or content;
  • Communicate with you by email, regular mail, telephone, or mobile devices, about products or services that may be of interest to you either from us or from other third parties;
  • Tailor your user experience;
  • Enforce our Terms of Use;
  • Manage our business;
  • Perform functions as otherwise described to you at the time of collection;
  • In connection with the creation and maintenance of your Account; and
  • In connection with the processing, fulfillment, and shipment of any purchase that you make through the Site.

Disclosure of Personal Information to Third Parties

S & S does not share the Personal Information provided or obtained through the Site with third parties, except as described below and as otherwise specified in this Policy. S & S may share Personal Information as follows: 

  • With the third party or third parties that perform(s) maintenance and operation of the Site on our behalf.  These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information;
  • With other third parties that perform services or functions on our behalf, such as third party providers that facilitate payment and the completion of purchases.  We do not authorize such third parties to use your Personal Information for any other purposes and they are bound by this Privacy Policy;
  • As S & S believes necessary to comply with laws, statutes, or regulations, and/or to enforce this Policy and the Terms and to protect our rights and the rights of others;
  • As required by a court or government agency or to respond to a claim by you or a third party;
  • As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving S & S; and
  • As you may otherwise request or agree.

Children

The Site is not directed at children, and S & S does not knowingly collect Personal Information directly from users under the age of 13 or from other web Site or services directed at children.   S & S does not sell its products to children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), S & S will not knowingly request or collect Personal Information from any child under age 13.  If S & S learns that a user under 13 years of age has submitted Personal Information through or using the Site S & S will take reasonable measures to delete such information from its databases and not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).  .

Please visit http://www.ftc.gov/privacy/privacyinitiatives/childrens.html for information from the Federal Trade Commission about protecting children’s privacy online.

Corrections and Updates

If you want to view, delete, or modify your Personal Information, you may do so by sending an email to [email protected] Please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with Your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

Third Party Website 

The Site may contain links to other website.  S & S does not control, and makes no representations whatsoever regarding, such other website or the products and services offered by or through website accessed through links on the Site, even those with which S & S may have an affiliation. If you decide to access third party website linked through the Site you do so at your own risk. You should carefully review the privacy policy and terms of any such website.

What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. The Site is scanned on a regular basis for security holes and we regularly use Malware Scanning.   All S & S employees with access to the Personal Information you provide to us through the Site or through any other means are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information. Your Personal Information is stored behind secured networks and all financial information that you provide is encrypted.

Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.  To mitigate this risk, you should (a) use secure usernames and passwords and carefully protect them from disclosure and (b) implement updated internet security and virus protection on Your computer.  If you suspect that your computer’s security or your information has been compromised or your password accessed or used by an unauthorized third party, please contact us immediately to have your password changed.  

If we become aware of a security systems breach, within seven days we may attempt to notify you electronically so that you can take appropriate protective steps.  We may post a notice through the Site if a security breach occurs.  We may also send an email to you at the email address you have provided to use in these circumstances.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing. We agree with the Fair Information Practice Principles.

Users should also be aware of how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email.  Please refer to the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/consumer-privacy for information about how to protect yourself against identity theft.

Commercial Electronic Message Consent

By providing your email address to S & S through the Site, you affirmatively and expressly consent to receiving commercial emails from S & S.  These may provide you with more information about available products you have purchased, and to provide you with updates, special offers, and other information, including but not limited to Site updates. You may unsubscribe from these commercial emails at any time by clicking on the “unsubscribe” link included in any email or by contacting S & S via email [email protected]  or at the mailing address provided below.

Your California Privacy Rights 

Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.

Any request for a disclosure required under this California law should be sent to us via email at [email protected] or via regular mail at:

Shaker & Spoon, 74 Grand Ave #2a, Brooklyn, NY 11205

Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.

International Visitors

The Site are hosted in and provided from the United States.  If you use the Website from the European Union, Canada, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States.  The United States does not have the same data protection laws as the EU, Canada, and some other regions.  By providing your Personal Information, you consent to the transfer of your personal data to the United States and the use of your Personal Information, in accordance with this Policy.

Business Transfer

In the event of a bankruptcy or a sale, merger or acquisition, S & S may transfer Your personal information to a separate entity.  That entity will be responsible for ensuring that Your personal information is used only for authorized purposes and persons in a manner consistent with this Policy and applicable law.

Questions?

If you have any questions about this Policy, please contact us at [email protected]