BULLION BUNDLE AND GOLD BAR TERMS AND CONDITIONS OF SALE

 

These Tiff’s Treats “Bullion Bundle” Terms and Conditions of Sale (these “Terms”) are entered into by and between you (the “Buyer” or “You”) and Tiff’s Treats Holdings, Inc., and its affiliates and subsidiaries (collectively, the “Company”, “We”, “Our” or “Tiff’s Treats”). These Terms shall apply to the purchase and sale of that certain limited edition Product (as defined below) and related Services (as defined below) provided in connection with the Product offered on or through www.cookiedelivery.com and the Tiff’s Treats mobile or desktop applications (collectively, the “Website”).

These Terms apply in addition to the Terms of Use and Privacy Policy set forth on the Website, which are expressly incorporated herein. These Terms are subject to change by Tiff’s Treats without prior written notice at any time, in its sole discretion. The most recent version of these Terms will be posted on the Website, and you should review these Terms prior to purchasing the Products and Services.

1.    PRODUCTS

1.1.   Product Description. The Product shall include a limited edition gift bundle, containing one dozen warm Tiff’s Treats cookies (the “Cookies”) and one certified 1-ounce Gold Bar made of 99.9% pure gold (the “Gold”; and together with the Cookies, the “Product” or “Products”). The Product details and specifications, including Product availability can be found on the Website.

1.2.   Purchase Order Process. Tiff’s Treats agrees to sell to Buyer the Product and related Services, as requested by Buyer in a purchase order form made available through the Website (the “Purchase Order”), in accordance with these Terms (each such purchase, a “Transaction”).

1.3.   Transaction Limits.  During the Term (as defined in Paragraph 6.1), Buyer is limited to one Product Transaction per day and to a total of ten Product Transactions; provided, however, that Tiff’s Treats will enter into no more than 5 Product Transactions per day during the Term. Tiff’s Treats reserves the right, including without prior notice, to limit the quantity of Products purchased per person, per household, or per Transaction for any reason.

1.4.   Acceptance by Company. Tiff’s Treats has limited quantities of the Product and shall have no obligation to accept any Purchase Order until the Transaction is final and approved, as evidenced by Tiff’s Treats actually delivering the Cookies to the end recipient (the “Acceptance”). Prior to such Acceptance, (i) the Purchase Price and all other terms hereunder are subject to change without notice; (ii) Tiff’s Treats reserves the right to modify or discontinue the Products and related Services (or any part or content thereof) without notice at any time; and (iii) Tiff’s Treats shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Products or related Services. Tiff’s Treats reserves the right, but is not obligated, to limit the sales of the Products to any person, geographic region or jurisdiction. Tiff’s Treats may exercise this right on a case-by-case basis. Any offer for the Products or the related Services is void where prohibited. Transactions made pursuant to a Purchase Order may not be varied, delayed, rescinded or cancelled without Tiff’s Treats prior written consent, and will not be binding on Tiff’s Treats unless and until Tiff’s Treats Acceptance.

1.5.   Prohibited Uses. Transactions may be rejected at the sole discretion of Tiff’s Treats if the purchase payment is fraudulent, if the payment fails to process, or if the payment is unsuccessful for any reason. Purchase Orders that are not complete or do not adhere to these Terms or specifications may be rejected at the sole discretion of Tiff’s Treats. If You use fraudulent methods or otherwise attempt to circumvent these Terms, Your Transaction will be rejected at the sole discretion of Tiff’s Treats. All information provided by You must be complete, true and correct. Any incomplete or unintelligible Purchase Orders will not be processed. The use of robotic, automatic, macro, programmed, or like methods is strictly prohibited. Use of any automated system to purchase is prohibited and will result in the cancellation of such Transaction. Tiff’s Treats is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Purchase Orders, which will be rejected and destroyed.

1.6.   Product Authentication. Tiff’s Treats certifies that all Gold delivered under the Purchase Order is genuine Gold authorized by the Gold Supplier (as defined below) and such Gold is entitled to the Gold Supplier’s warranty and service,  as it relates to the Gold. Each box of Cookies delivered in connection with a Transaction of the Product hereunder, shall contain a Certificate regarding the subsequent delivery by the Gold Supplier of the Gold purchased by Buyer.

1.7.   Website Disclaimer. The information contained on the Website is for general information purposes only. All information on the Website is provided in good faith; however, We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness with respect to the Website or the information, Products or Services contained on the Website for any purpose. Product packaging and material may contain more and/or different information from the Website, including the Product description, country of origin, nutrition, ingredient, allergen and other information. Always read labels, warnings, and directions and other information provided with the Product before using or consuming a Product. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Electronic devices may be subject to the Federal Communications Commission’s testing, equipment authorization, and device marking and labeling requirements. For additional information about the Gold, please contact the Gold Supplier. The information contained herein may be subject to copyright.

1.8.   Modifications to Product Description. Tiff’s Treats may modify any form Purchase Order and quantity of available Products at any time, including modifications to the quantity of available Products or their corresponding list prices. All descriptions, images, references, features, content, specifications, and prices of Products and/or Services described or depicted on the Website are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of the Products or Services on the Website does not imply or warrant that these Products or Services will be available. By making a Transaction, You represent that the Products ordered will be used only in a lawful manner. Tiff’s Treats reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any individual from making or completing any or all Transactions(s); and (iv) refuse to provide any individual with the Products or Services.

2.    RELATED SERVICES 

2.1.   Tiff’s Treats Services; Fees. The scope of the related Services provided by Tiff’s Treats in connection with a Transaction is set forth in the Delivery Policy located on the Website (the “Cookie Delivery”). Tiff’s Treats shall charge Buyer, in addition to any other payable amounts incurred hereunder, a reasonable Service fee for each Cookie Delivery under a Purchase Order, except where the parties have otherwise agreed in writing. The Cookie Delivery service provided by Tiff’s Treats shall be made to the delivery address provided by Buyer in its Purchase Order, and Buyer cannot submit a delivery date that is more than seven days after Buyer’s submission of the Purchase Order (the “Delivery Period”).  The timing of Cookie Delivery by Tiff’s Treats shall be mutually agreed upon between the parties as indicated on the Purchase Order.  In order to ensure the safety of Our drivers, Tiff’s Treats cannot guarantee Cookie Delivery times. Tiff’s Treats shall make commercially reasonable efforts to meet the Cookie Delivery dates and times specified in Buyer’s Purchase Order; however, Buyer hereby acknowledges that the timing of Cookie Delivery may be impacted by unforeseen events such as weather, traffic, construction, and other factors outside of Tiff’s Treats control, and in no event shall Tiff’s Treats be liable for any such delay.

2.2.   Third-Party Providers; Insurance and Fees. The Gold will be supplied by a reputable, certified and authorized third-party gold supplier, who shall be determined and appointed by Tiff’s Treats (“Gold Supplier”). Buyer acknowledges that it will receive the Gold directly via shipment from a third-party carrier (“Third-Party Service Provider”) pursuant to the Third-Party Provider’s standard terms and conditions or terms of service, or other terms as agreed upon by the respective Gold Supplier and the Third-Party Service Provider. The Gold Supplier will arrange for the Gold to be placed with the Third-Party Service Provider for shipment to the delivery address specified by Buyer in its Purchase Order (the “Gold Shipment” and together with the Cookie Delivery, the “Services”). The delivery address for the Gold Shipment must arrive to the same address as specified by Buyer in its Purchase Order and may not be modified once the Cookie Delivery has been made to such delivery address. The Gold Supplier shall make its best efforts to ensure that the Gold is properly and adequately insured against theft and damage, in accordance with the insurance standards accepted by the physical precious metals industry. The Gold Shipment will be shipped by the Third-Party Service Provider within two to five business days following its receipt of Tiff’s Treats Cookie Delivery. The Gold Shipment may be available for next-day delivery, based on delivery location, Product availability, and timing of the Purchase Order.

2.3.   Geographic Restrictions. The purchase and sale of the Products and related Services is limited to the current delivery zones of certain Tiff’s Treats physical store locations located in the following geographic areas: Austin, Texas; Dallas, Texas; Houston, Texas; Nashville, Tennessee; Atlanta, Georgia; San Antonio, Texas (the “Participating Store Locations”). The Website may contain information about Products and Services that are only available at the Participating Store Locations. A reference to a Product or Service on the Website does not imply or guarantee that it is or will be available in Buyer’s location or at the time Buyer submits its Purchase Order. The price of Gold at each Participating Store Location may vary.

2.4.   Title; Risk of Loss. Tiff’s Treats shall deliver, or cause to be delivered, the Products to Buyer at Buyer’s delivery address, as specified in the Purchase Order.  YOU HEREBY AGREE THAT Tiff’s Treats shall never take title to, nor bear the risk of any loss, deterioration, damage, OR OTHER CLAIM, WITH RESPECT to the Gold at any time.  Risk of loss of, and damage to, the Gold, shall pass directly from Gold Supplier to Buyer upon delivery, subject to Buyer having made full payment of the Purchase Price (as defined below).  Upon written request from Buyer, Tiff’s Treats agrees to assign to Buyer any rights Tiff’s Treats may have against Gold Supplier with respect to the purchase and delivery of the Gold pursuant to Buyer’s Purchase Order.

2.5.   Prohibited Sales or Export. Unless otherwise agreed to by Tiff’s Treats pursuant to a separate written agreement, You represent and warrant that You are not purchasing the Products and Services from the Website for resale or export.  You further represent and warrant that all purchases are intended for final delivery to a delivery address located within a Tiff’s Treats delivery zone from a Participating Store Location.

3.    PAYMENT TERMS AND CONDITIONS 

3.1.   Purchase Price. Buyer agrees that by submitting a Purchase Order on the Website, it is entering into a binding contract with Tiff’s Treats and agrees to pay all charges that may be incurred by Buyer or on Buyer’s behalf through the Website, at the price in effect when such charges are incurred including, without limitation, all Service charges (collectively, the “Purchase Price”). The Purchase Price shown is in U.S. dollars unless otherwise expressly indicated. In the event of an error, Tiff’s Treats reserves the right, in its sole discretion and subject to these Terms, to correct such errors and revise Buyer’s Purchase Order accordingly (including charging the correct price) or to cancel Buyer’s Purchase Order and issue Buyer a credit refund.

3.2.   Price Adjustments. The Purchase Price is subject to change at each Participating Store Location on a daily basis. We do not offer or make price adjustments based on the market fluctuations of precious metals or any other reason. In case the price of the product goes up, We will not attempt to charge you any additional funds so long as delivery falls within the Delivery Period. Similarly, if the price of the item goes down, We do not credit you the difference.

3.3.   Payment Information.  If Buyer wishes to purchase the Product and Services made available through the Website by submitting a Purchase Order, Buyer may be asked to supply certain payment information relevant to such Transaction including, without limitation, their credit card number, the expiration date of such credit card, their billing address, and delivery information. Buyer represents and warrants that they have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, You grant to Tiff’s Treats the right to provide such information to third parties for purposes of facilitating the completion of Transaction(s) initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

3.4.   Fraud Prevention. During the Term, Tiff’s Treats reserves the right to require a different payment method for each Transaction made by a returning customer of the Product. Additionally, each Buyer shall confirm the Transaction details and billing information, via phone call verification with a Tiff’s Treats representative. In the event that Buyer does not confirm the Gold purchase, Tiff’s Treats will place the Gold order on hold for 48  hours from the time the Tiff’s Treats representative attempts to verify the Purchase Order via phone call, and will cancel the Gold order if not confirmed by Buyer within such 48  hour time period.

3.5.   Assumption of Risk.  Tiff’s Treats does not sell items as investments and does not offer investment advice. Tiff’s Treats expresses no opinion on the soundness of any of Buyer’s purchases. We do not offer recommendations, as purchasing bullion or coins is speculative and unregulated. These Terms and the contents of the Website are for reference use only and do not constitute the rendering of legal, financial, or investment advice. We also do not guarantee profits on the Gold that you purchase. Like most investments, purchasing bullion and coins involves risk. The value of Your Gold can fluctuate up or down due to various conditions and economic factors. Since investing in precious metals can be risky and the value of Your Gold can fluctuate drastically, purchasing these items may not be suitable for everyone. You should understand all the risks associated with investing in bullion and coins before purchasing the Product in order to make informed and knowledgeable decisions. Prices that are seen on Our Website are not to be used as a value guide as the prices are determined at Our discretion. Buyer declares that he or she has read and understood these Terms and is aware of the nature and extent of his or her rights and risks when purchasing such Products.

3.6.   Taxes; Fees. The Purchase Price is exclusive of all sales, use, excise, commodity and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer (collectively, the “Taxes”). Buyer shall be responsible for paying all applicable Taxes. When Tiff’s Treats has the legal obligation to pay or collect any such Taxes, Tiff’s Treats shall pay the appropriate amount.

4.    PRODUCT DEFECTS; REFUNDS AND RETURNS

4.1.   Product Defects. Upon delivery of the Products, Buyer is responsible for reviewing the contents of the delivery and inspecting all of the Products contained therein for any defects or other problems upon delivery. All items are solely at Buyer’s risk from the time of delivery and thus Buyer is solely responsible for any storage of the contents of any Products ordered. If any Products are damaged during transport to Buyer, Buyer shall promptly notify Tiff’s Treats of such damage immediately upon receipt of the Products.

4.2.   Refund Policy.  Buyer may modify or cancel its order up to two hours prior to the scheduled Cookie Delivery in their respective Purchase Order and Website or by contacting Tiff’s Treats Customer Service. All Purchase Orders are final with respect to Buyer’s obligations hereunder two hours prior to the scheduled Cookie Delivery and no exchanges or refunds will be permitted. Tiff’s Treats reserves the right to permit or refuse any refund.  Other restrictions may apply.

4.3.   No Returns.  Buyer acknowledges and agrees that the remedies set forth in Paragraph 5.1 are Buyer’s exclusive remedies for the delivery of defective Products.  Except as provided under Paragraph 5.1, all sales of Products to Buyer are final and Buyer has no right to return Products purchased to Tiff’s Treats.

5.    WARRANTY

5.1.   Limited Warranty. Tiff’s Treats represents and warrants to Buyer  that the Product will be free from material defects in material and workmanship and will conform with the product specifications provided by Tiff’s Treats on the Purchase Order through the Website (the “Limited Warranty”) for a period of 90 days from the date of delivery to Buyer (the “Warranty Period”). Tiff’s Treats sole obligation and liability under this Limited Warranty, and Buyer’s sole remedy, is, at Tiff’s Treats option, to replace a defective Product, or refund or credit the Purchase Price of such Product; provided, such Product is returned by Buyer in accordance with these Terms. This Limited Warranty is solely for the benefit of Buyer.

5.2.   Limitations. This Limited Warranty shall not apply if the Product defect(s) relate to: (i) normal wear and tear; (ii) defects caused by knowing or intentional misuse; (iii) non-compliance with these Terms; or (iv) willful or deliberate damage.

5.3.   Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 5.1 AND AS EXPLICITLY SET FORTH IN THESE TERMS, THE TERMS OF USE OR OTHERWISE AGREED IN WRITING BY TIFF’S TREATS, THE PRODUCTS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIFF’S TREATS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT AS EXPLICITLY SET FORTH IN THESE TERMS OR THE TERMS OF USE, WITHOUT LIMITATION TO THE FOREGOING, TIFF’S TREATS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.  THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE.

6.    TERM AND TERMINATION

6.1.   Term. The term shall mean the period during which the Products and related Services become available for purchase by Buyer on the Tiff’s Treats Website commencing on May 6, 2024 at 9:00 a.m. CT and ending on June 30, 2024 at 5:00 p.m. CT (the “Term”).

6.2.   Suspension or Termination. Without limiting Section 7 below, We may terminate or suspend Your access to or use of the mobile payment functionality or Tiff’s Treats Elites Membership Account (your “Account”), and/or close Your Account, for any reason or no reason at any time, upon notice to You, including if You (a) have violated these Terms, (b) pose an unacceptable credit or fraud risk to Tiff’s Treats, or (c) provide any false, incomplete, inaccurate or misleading information, or otherwise engage in fraudulent or illegal conduct. Upon any such termination or suspension, You must immediately stop using the mobile payment functionality, and we reserve the right to delete all of Your Account information stored on Our servers. We will not be liable to You for compensation, reimbursement or damages in connection with Your use of the mobile payment functionality, or any such termination, suspension or deletion of information.

7.    INDEMNIFICATION; LIMITATION OF LIABILITY

7.1.   Indemnification. You agree to defend, indemnify and hold harmless Tiff’s Treats, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Website.

7.2.   Limitation of Liability. Neither party herein shall under any circumstances be liable to the other party for any special, incidental, indirect or consequential damages, however caused and on any theory of liability, whether for breach of contract, tort (including negligence), or otherwise, including, without limitation, damages resulting from use or malfunction of the Products, loss of profits or revenues or costs of replacement goods, even if a party is informed in advance of the possibility of such damages. In no event will a party’s liability in connection with the Products exceed the amounts actually paid by such party for the Products giving rise to such liability during the past 12 months. These limitations apply to all causes of action in the aggregate. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8.    INDEMNIFICATION; LIMITATION OF LIABILITY

8.1.   Entire Agreement.  These Terms, together with the Purchase Order and the Terms of Use, represent the entire agreement between Tiff’s Treats and You with respect to the subject matter hereof, and supersede and replace any and all prior and contemporaneous oral and/or written agreements, understandings and statements between Tiff’s Treats and You with respect to such subject matter.

8.2.   Third-Party Terms. Under no circumstances will Tiff’s Treats be obliged or liable to Buyer or to any third party with respect to any representation, warranty, covenant, duty, or liability to any third party, whether as part of a “directed sourcing” arrangement or otherwise. Tiff’s Treats will be liable to any third party, if at all, solely according to such separately negotiated, written, and signed agreement, if any, only if Tiff’s Treats actually negotiates and executes the same with such third party.

8.3.   Force Majeure. Neither party shall be liable for delays or failure to meet its obligations hereunder (except for payment obligations) due to causes beyond the party’s reasonable control (including, without limitation, acts of God, acts of civil or military authority including governmental priorities, strikes or other labor disturbances, fires, floods, epidemics, wars, or riots).

8.4.   Governing Law and Jurisdiction. These Terms will be governed by the substantive laws of the State of Texas without regard to its choice of law rules. The parties agree that the United Nations Conventions on Contracts for the International Sale of Goods are specifically excluded. The parties hereby submit to the exclusive jurisdiction of either the state or federal Courts located in Travis County, Texas and agree to accept service of process by registered or certified mail, return receipt requested, in accordance with Texas or Federal rules of civil procedure. None of the Products may be exported or re-exported, directly or indirectly, contrary to U.S. export control laws and regulations.

8.5.   Marketing Communications. By entering into a Transaction for the Products and related Services with Tiff’s Treats, Buyer agrees to receive e-mail newsletters and other marketing materials periodically from Tiff’s Treats. Buyer can opt-out of receiving communications at any time by clicking the unsubscribe link in the newsletter or other communication from Tiff’s Treats.

8.6.   Related Policies and Terms. All Transactions made through the Tiff’s Treats Website are governed by these Terms and the Tiff’s Treats Terms of Use set forth on the Website. By accepting these Terms and the Terms of Use, You also accept the Delivery Policy, and agree that all personal information supplied by You will be subject to Tiff’s Treats Privacy Policy. All such additional terms  and policies are hereby incorporated by this reference into these Terms.

8.7.   Modifications. Tiff’s Treats reserves the right to modify, alter or update these Terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after We have posted such modifications or updates, You agree to be bound by the terms as revised.

8.8.   Customer Service. All feedback, comments, requests for technical support and other communications relating to the Website or these Terms should be directed to: customerservice@cookiedelivery.com.