Shipping and Terms of U se
Welcome to molly moon’s homemade ice cream!
These terms of use and our privacy policy (the “agreement”) governs all transactions between you (“you” or the “user”) and molly moon’s homemade ice cream llc (“us” or “we”), as well as your use of our website mollymoonicecream.com (the “site”). By using the site or making a purchase through the site, you agree to be bound by this agreement. If you do not agree with all of these terms and conditions and our privacy policy, your sole remedy is to cease use of the site.
Shipping & handling
We ship all orders by ups ground. Please allow 7-10 business days for your order to ship. Once your order has been shipped, tracking information will be sent to the email address provided when the order was made. At this time we are not able to ship internationally. We do hope to be able to offer this service very soon.
Returns and exchanges
We are happy to return or exchange any unused, unopened, and unworn merchandise for a full refund, less shipping, within 14 days of delivery. If any merchandise is returned because of a defect, we will include return shipping costs. Please allow 7-10 business days to process your return or exchange after we receive it. All sale items are final.
Pricing and availability
All prices are shown in u.s. dollars; taxes and shipping charges are
additional. All items are subject to availability and we reserve the right to
impose quantity limits on any order, to reject all or part of an order and to
discontinue products without notice, even if you have already placed your
order.
Payment
Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Ownership
Except where otherwise indicated,
the content featured or displayed on the site, including, but not limited to,
text, graphics, photographs, images, moving images, sound, and illustrations
(“content”), belong to molly moon’s homemade ice cream llc, its licensors and
its content providers, and is protected by copyright, trade dress, moral rights,
trademark and other laws relating to intellectual property rights, to the
fullest extent applicable under both united states and foreign laws.
Unauthorized use of the materials available on this site could subject you to
liability under copyright, trademark, trade dress, unfair competition, and
other laws of the united states.
No content may be copied, modified,
used, distributed, republished, uploaded, posted or transmitted in any way
except with our prior explicit consent; all rights not expressly granted to you
are reserved.
You may not decompile, reverse
engineer, disassemble, rent, lease, loan, sell, sublicense, or create
derivative works from the site or its content. Nor may you use any network
monitoring or discovery software to determine the site architecture, or extract
information about usage or users.
We use reasonable efforts to ensure
the accuracy, correctness and reliability of the content, but we make no
representations or warranties as to the accuracy, reliability, completeness, or
timeliness of any information or material on the site. Use of the site and the
content is at your own risk. You may use the site solely for lawful and, except
with our written agreement, personal, non-commercial purposes in compliance
with these terms.
Trademarks
Molly moon’s homemade ice cream and
its logos are trademarks of molly moon’s homemade ice cream llc, protected
under the laws of the united states (including state law) and other countries.
Other parties’ trademarks used, depicted or identified on the site are the
property of their respective owners, used here by permission, and may be
registered in one or more countries. Use on the site of the trademark(s) of any
other party is not intended to imply our affiliation with or endorsement of
that party, or that party’s sponsorship or endorsement of us, its products or
services. You may not use any of the trademarks displayed on the site or in any
content. All rights are reserved.
Links to other website
The site may contain links to
websites not operated or maintained by us. These links are provided solely as a
convenience to you and not as an endorsement by us of the contents of such
third party websites. We are not responsible for the content of the sites of
others and make no representation regarding the content or accuracy of
materials on such sites. If you decide to access linked third-party websites,
you do so at your own risk, and waive any and all claims against us regarding
the inclusion of links to outside websites or your use of those websites. The
third party sites may contain user agreements or terms and conditions to which
you are subject while using those sites. We encourage you to become familiar
with the privacy policies of any linked site when you access that site.
Limitations on liability
We are
not responsible, and shall have no liability, for any incorrect or inaccurate
materials or content posted on the site or any liability, cost or expense you
may incur in connection with the site. Under no circumstances will we be
responsible for any loss or damage, including personal injury or death, resulting
from any use of the site, any content posted on the site or any purchase or use
of a product purchased on the site.
Disclaimers of warranties
We do not warrant that the site
will operate error-free or that the site and its servers are free of computer viruses
and/or other harmful materials. If your use of the site or the content results
in the need for servicing or replacing equipment or data, we are not responsible
for those costs. The site and content is provided on an "as is" basis
without any warranties of any kind. We, to the fullest extent permitted by law,
disclaim all warranties, including the warranty of merchantability, non-infringement
of third parties rights, and the warranty of fitness for particular purpose. We
make no warranties about the accuracy, reliability, completeness, or timeliness
of the material, services, or information found in software text, graphics, and/or
links.
Disclaimer of consequential damages
Except as otherwise required by
applicable law, neither molly moon’s homemade ice cream llc, its directors,
managers, members, officers, employees, consultants, licensors, content
providers, affiliates or other representatives will be liable for any damages
whatsoever, including without limitation any direct, indirect, incidental,
consequential, special and exemplary damages, arising from the use or
performance of the site or from any information, services or products provided
through the site, even if we have been advised of the possibility of such
damages.
Remedy
If you are dissatisfied with the
site, your exclusive remedy shall be to cease using the site.
Some states do not permit the
exclusion or limitation of implied warranties or liability for certain
categories of damages. Therefore, some or all of the limitations above may not
apply to you to the extent they are prohibited or superseded by state law provisions.
Governing law and venue
This agreement shall
be interpreted, construed and governed by the laws of the state of washington,
without reference to its laws relating to conflicts of law. Venue for all
disputes arising under this agreement shall lie exclusively in the superior
courts of the state of washington in king county or the federal district courts
of the western district of washington (as permitted by law) and each party
agrees not to contest the personal jurisdiction of these courts.
Notwithstanding the foregoing, however, we shall have the right to commence and
prosecute any legal or equitable action or proceeding before any non-u.s. court
of competent jurisdiction to obtain injunctive or other relief in the event
that, in our opinion, such action is necessary or desirable.
Indemnity
You agree
to indemnify and hold molly moon’s homemade ice cream llc, its directors,
managers, members, officers, employees, consultants, licensors, content
providers, affiliates or other representatives harmless from any loss,
liability, claim, or demand, including reasonable attorney's fees, made or
incurred by any third party due to or arising (directly or indirectly) out of
your use of the site or arising from your breach of this agreement.
Enforcement
Should any clause of this agreement
be found unenforceable, wherever possible this will not affect any other clause
and each will remain in full force and effect. Our failure to expressly enforce
any provision of this agreement does not waive our rights to enforce that or
any other provision.
Modification
We reserve the right to change this
agreement, and other information available on the site, without notice, and all
such modifications shall automatically become part of this agreement and shall
be effective once posted on the site.