Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Delightful Cookie Co.! The terms “we,” “us,” and “our” refer to Delightful Cookie Co. Delightful Cookie Co. operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Delightful Cookie Co. is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, downloading from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors, appearance, dimensions, or other visual characteristics may differ slightly from how they appear on your screen due to device settings, display differences, photography, printing processes, and the handmade or made-to-order nature of certain products.

We do not warrant that the appearance or quality of products or services purchased by you will be identical to images, mockups, renderings, samples, or photographs displayed on our website.

All product descriptions are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit quantities or availability of products or services to any person, geographic region, or jurisdiction on a case-by-case basis.

Physical cookie cutters are 3D printed and may show minor variations associated with the 3D-printing process. These variations do not necessarily constitute a defect.

Custom cookies are individually decorated and may contain slight variations in color, placement, shape, piping, printed elements, or other decorative details.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

Delightful Cookie Co. reserves the right to accept or decline an order for any reason at our discretion. Your order is not accepted until Delightful Cookie Co. confirms acceptance and payment has been successfully processed.

Please review your order carefully before submitting it, as Delightful Cookie Co. may be unable to accommodate cancellation or modification requests after an order has been accepted or production has begun.

If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, and/or phone number provided at checkout.

Purchases are subject to our Refund Policy.

Products purchased from Delightful Cookie Co. may not be commercially resold, reproduced, or redistributed except where expressly permitted by these Terms.

Commercial use of digital files and printed cookie cutters is permitted only as specifically described in the Digital Products & STL License section below.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise stated, posted prices do not include applicable taxes, shipping, handling, customs fees, or import charges.

Prices offered through our online store may differ from prices offered through other sales channels.

Promotions may be offered from time to time and may be governed by additional terms and conditions. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will control with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, account, billing, and contact information for all purchases.

You agree to promptly update information necessary for us to complete your transaction and contact you regarding your order.

You represent and warrant that:

Payment information you provide is true, correct, and complete.
You are authorized to use the payment method provided.
Charges incurred by you will be honored by your payment provider.
You will pay all charges incurred at the posted price, including applicable taxes and shipping charges.

SECTION 5 - SHIPPING AND DELIVERY

Physical cookie cutters are made to order. Please allow up to 5 business days for processing before shipment unless otherwise stated on the product page.

Processing time refers to the time required to prepare or manufacture your order and does not include carrier transit time.

All shipping and delivery dates are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect addresses supplied by customers, or events outside our reasonable control.

Once an order has been transferred to the shipping carrier, delivery timing and handling are outside our direct control.

Customers are responsible for providing a complete and accurate shipping address at checkout.

Digital products are delivered electronically and are not physically shipped.

Custom cookie orders are generally fulfilled through local pickup or another arrangement specifically agreed upon between the customer and Delightful Cookie Co.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, business names, logos, text, graphics, illustrations, product designs, cookie cutter designs, digital designs, STL files, projector templates, photographs, videos, product reviews, website design, product descriptions, downloadable content, and other materials, are owned by Delightful Cookie Co., its affiliates, or licensors and are protected by applicable intellectual property laws.

Except for the limited uses expressly permitted under the Digital Products & STL License section below, these Terms permit you to use the Services and our intellectual property for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, copy, resell, or exploit our intellectual property except as expressly permitted by these Terms or with our prior written consent.

Nothing in these Terms grants ownership of any copyright, trademark, design, digital file, artwork, product design, or other intellectual property belonging to Delightful Cookie Co.

Unauthorized use of our intellectual property may violate applicable intellectual property laws.

All rights not expressly granted are reserved by Delightful Cookie Co.

Delightful Cookie Co.’s business name, logo, product names, designs, slogans, graphics, cutter designs, and other branding may not be used without prior written permission.

SECTION 7 - DIGITAL PRODUCTS & STL LICENSE

Digital STL files, projector templates, and other downloadable design files sold or provided by Delightful Cookie Co. are licensed, not sold.

Purchasing a digital file grants the original purchaser a limited, non-exclusive, non-transferable license to use the file for their own personal or business use, subject to these Terms.

PERMITTED USE

You may:

Download and store the digital file for your own use.
Use a purchased STL file to 3D print cookie cutters for your own personal or business use.
Print multiple cutters from the file for use within your own household or business.
Use a printed cutter to create decorated cookies or other finished baked goods.
Sell finished decorated cookies or baked goods created using the cutter.
Use an included projector template or decorating guide to assist in decorating cookies created using the coordinating cutter.

PROHIBITED USE

You may not:

Share the digital file with another individual or business.
Email, message, upload, copy, transfer, or otherwise provide the digital file to another person.
Resell or redistribute the digital file.
Gift or trade the digital file.
Upload the file to file-sharing websites, social media groups, cloud folders, shared drives, marketplaces, libraries, forums, or other platforms where another person may access it.
Sell, gift, distribute, or commercially supply 3D-printed cutters produced from the digital file.
Use the file to manufacture cutters for another individual or business.
Modify, trace, convert, reproduce, reverse engineer, or recreate the file or design for the purpose of sharing, selling, redistributing, or creating competing digital or physical cutter products.
Claim the file, artwork, template, design, or cutter design as your own.
Remove copyright, licensing, branding, or ownership notices for the purpose of redistributing the design.

Each digital purchase is licensed to one purchaser or one business only.

Employees or members of the purchasing business may use printed cutters within that business, but the underlying digital file may not be transferred to another business, independent contractor, separate bakery, customer, friend, family member, or other third party.

Any additional individual or business wishing to use the digital file must purchase their own license.

Digital products are delivered electronically. No physical product will be shipped unless a physical product is specifically included in the purchased listing.

Due to the nature of digital products, STL files, projector templates, and other downloadable files are final sale and non-refundable, except where otherwise required by law.

Purchasing or downloading a digital product constitutes acceptance of these license terms.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is at your own risk and discretion. You should review and understand the terms governing any third-party tools before using them.

We may offer new features, tools, or resources through the Services in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials, applications, integrations, or hyperlinks to websites operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, practices, products, or services provided by third-party websites.

If you choose to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content offered by third parties.

Please carefully review third-party policies and practices before engaging in transactions with them.

Questions or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Delightful Cookie Co. is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are made directly with Delightful Cookie Co.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Delightful Cookie Co., including injury, damage, or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Delightful Cookie Co.

SECTION 11 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because our Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in order to provide and improve Shopify’s services.

Information submitted through our store may be transmitted to Shopify and other service providers that assist us in operating the Services.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, stored, and shared.

SECTION 12 - FEEDBACK, REVIEWS & CUSTOMER CONTENT

If you submit, upload, post, email, tag, send, or otherwise provide ideas, suggestions, feedback, reviews, photographs, videos, testimonials, or other content (“Feedback”), you grant Delightful Cookie Co. a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes including operating, improving, and promoting our business and Services.

For example, we may feature customer reviews, photographs of cookies made using our cutters, or other approved customer creations on our website or social media.

You represent and warrant that:

You own or have all necessary rights to the Feedback you submit.
You have disclosed any compensation or incentives connected to the submission where required.
Your Feedback does not violate the rights of any third party.
Your Feedback complies with these Terms.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, decline to publish, or remove Feedback that we determine violates these Terms or is otherwise inappropriate.

You may not submit Feedback containing unlawful, abusive, obscene, defamatory, infringing, malicious, or misleading content.

You are responsible for the accuracy and content of Feedback you submit.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, processing times, transit times, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted.

SECTION 14 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services directly or indirectly:

For unlawful or malicious purposes.
To violate federal, state, provincial, territorial, local, or international law.
To infringe upon our intellectual property rights or those of another person.
To harass, abuse, threaten, defame, intimidate, or harm another person.
To transmit false or misleading information.
To upload, download, transmit, or reuse material in violation of these Terms.
To transmit spam, chain letters, junk mail, or similar solicitations.
To impersonate another person or entity.
To engage in conduct that interferes with another person’s use or enjoyment of the Services.

You also agree not to:

Upload viruses or malicious code.
Reproduce, duplicate, copy, extract, sell, resell, or exploit portions of the Services except where expressly permitted.
Collect or track personal information belonging to others without authorization.
Spam, phish, pharm, pretext, scrape, or otherwise misuse the Services.
Use robots, spiders, scraping tools, automated extraction tools, or other automated methods to improperly access or extract content from the Services.
Circumvent security, authorization, access restrictions, or other technical protections.
Share, reproduce, distribute, or resell digital products in violation of the Digital Products & STL License section.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 15 - AGENTS

This section applies if you use, allow, enable, or cause deployment of software or services that take autonomous or semi-autonomous actions on your behalf (“Agents”) to access, use, or interact with the Services.

No Agent may access, use, or interact with the Services unless it properly identifies itself and complies with requirements imposed by the Services.

We may limit or prohibit Agent access through technical or other measures.

Agents must not conceal or misrepresent automated access, circumvent CAPTCHA or similar protections, or evade measures intended to restrict automated access to the Services.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion of the Services, in our discretion where permitted by law.

You remain responsible for amounts owed up to and including the date of termination.

Sections relating to Intellectual Property, Digital Products & STL License, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, Privacy, and other provisions that by their nature should survive termination will remain in effect following termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of all information provided through the Services.

Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY DELIGHTFUL COOKIE CO., THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Some jurisdictions do not permit certain warranty exclusions, so some of the above exclusions may not apply to you.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, DELIGHTFUL COOKIE CO., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions limit exclusions or limitations of liability, so portions of this section may not apply to you.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Delightful Cookie Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees arising from:

Your breach of these Terms of Service.
Your violation of applicable law.
Your violation of the rights of a third party.
Your misuse of the Services.
Your unauthorized use, reproduction, sharing, sale, or distribution of our digital products or intellectual property.

We will provide notice of an indemnifiable claim where reasonably possible.

You agree to cooperate in the defense of such claims.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law.

Any unenforceable portion will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with policies and operating rules posted by us in connection with the Services, constitute the entire agreement and understanding between you and Delightful Cookie Co. regarding use of the Services.

These Terms supersede prior or contemporaneous agreements, communications, or proposals relating to the Services.

Any ambiguities in interpretation will not automatically be construed against the drafting party.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent.

Any unauthorized attempted transfer or assignment may be considered void.

We may transfer, assign, or delegate our rights and obligations where permitted by law.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed and construed in accordance with applicable federal law and the laws of the state in which Delightful Cookie Co. is headquartered, without regard to conflict-of-law principles.

You and Delightful Cookie Co. consent to jurisdiction and venue in courts having proper jurisdiction over disputes arising from these Terms, subject to applicable law.

SECTION 24 - HEADINGS

Headings used in these Terms are included for convenience only and do not limit or otherwise affect interpretation of these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes.

Changes will become effective on the date specified in the applicable notice or when posted, as permitted by law.

Your continued use of or access to the Services following an effective change constitutes acceptance of the revised Terms.