Terms and Conditions

Welcome to www.glykasweets.com, the website (the “Site”) of Glyka-Sweets (“Glyka”), a brand of Fourakis Foods, LLC. The www.glykasweets.com website is comprised of various web pages operated by Glyka and its associates to provide their services to you subject to the following terms, conditions and notices contained herein (the “Terms”). Your use of this Site constitutes your agreement to all such Terms. Please read these terms carefully.

Privacy

Your use of our Site is subject to our Privacy Policy. Please review our Privacy Policy, which also governs your visit to our Site and contains information on our data collection practices.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive electronic communications from us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Rights and Ownership

All content included on this Site, including but not limited to text, graphics, logos, photographs or images is the intellectual property of Glyka Sweets, its content suppliers, or by third parties who have licensed their materials to Glyka Sweets and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.glykasweets.com or to purchase Glyka Sweets products.

License and Site Access

This Site primarily operates as an e-commerce website. Subject to these Terms, you are granted a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Glyka Sweets. This license does not include: any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Glyka Sweets. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Glyka Sweets and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Glyka Sweets’ name or trademarks without the express written consent of Glyka Sweets. Any unauthorized use terminates the permission or license granted by Glyka Sweets. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Glyka Sweets so long as the link does not portray Glyka Sweets, its associates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Glyka Sweets logo or other proprietary graphic or trademark as part of the link without express written permission. We do not grant you any licenses, express or implied, to the intellectual property of Glyka, including but not limited to our name or any of our trademarks, logos, domain names, other distinctive brand features or copyrights.

International Use

Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international and other laws that may apply. Unless otherwise explicitly specified on the Site, the information on all of the Site is intended solely for use and access by persons residing in the United States, its territories and possessions. Glyka Sweets controls and operates its Site from our office located in the United States and we make no representations or warranties that the information, products or services contained on the Site is appropriate for use or access in other locations. Anyone using or accessing any of the Site from other locations does so on their own initiative and is responsible for compliance with local United States laws, if and to the extent applicable.

Allergens

Many of our products contain or may come into contact with common food allergens, including eggs, milk, wheat, peanuts and/or tree nuts. Glyka Sweets is not an allergen-free environment; our products are baked or prepared in an environment where eggs, milk, wheat, peanuts and/or tree nuts are present.

Return Policy

If you are not satisfied with your order, please contact Glyka Sweets immediately by telephone at 415-454-4054 or via email at effie@glykasweets.com. All sales are final unless order problems/issues are confirmed by Glyka Sweets, at its sole discretion, to be actionable.  In such cases, Glyka Sweets will issue a full or partial refund for items purchased through the Site. All order problem/issue inquiries must be received within 24 hours of the order date.

Disclaimer

THIS SITE IS PROVIDED BY GLYKA SWEETS ON AN “AS IS” AND “AS AVAILABLE” BASIS. GLYKA SWEETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW GLYKA SWEETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLYKA SWEETS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM GLYKA SWEETS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GLYKA SWEETS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

WWW.GLYKASWEETS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GLYKA SWEETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold Glyka Sweets and its owners, managers, employees, agents and contractors harmless from and against any and all loss, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses arising from or related to (1) your use of this Site and/or (2) your breach of any of the Terms.

Applicable Law

By visiting Glyka Sweets, you agree that the laws of the State of California, without regard to its conflict of law provisions, will govern these Terms. Any claims, legal proceedings or litigation arising in connection with these Terms [for which the dispute arbitration provision below does not apply] will be brought solely in the federal or state courts located in the County of Marin or San Francisco. You consent to the jurisdiction and venue in such courts and waive any objection as to the inconvenient forum. Any cause of action you may have with respect to Glyka, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Dispute Resolution

Any dispute, claim or controversy relating in any way to your visit to Glyka Sweets or to products you purchase through Glyka Sweets shall be resolved through mandatory binding arbitration. Arbitration under this agreement shall be conducted in the State of California under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules, and the judgement of its arbitrator(s) may be entered by any court of competent jurisdiction.

ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement.

You and Glyka Sweets agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our partners, suppliers or licensors, and you consent to exclusive jurisdiction and venue in such courts.

Site Policies

Please review our other policies, such as our Privacy and Returns policies, posted on this Site. These policies also govern your visit to Glyka Sweets. We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Contact Us

For any questions regarding our Terms, Privacy Policy or other policy related material, please contact us at:

Glyka Sweets
1201 Andersen Drive Suite I
San Rafael, CA 94901
(415) 454-4054
effie@glykasweets.com

Last updated: November 6, 2017

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