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Legal Disclaimer
In placing an order on CandyFavorites.com, it is understood as part of our Returns Policy encompassed by our Terms and Conditions that parcels may be left outside the premises of the address provided and that CandyFavorites.com is not liable for loss or damage.
It is also understood that we cannot take responsibility for damages that occur due to extreme temperatures, either cold or hot. All damage claims must be made no later than 24 hours after the verified receipt provided by the carrier and must be accompanied by a product photo.
Claims made after the stated time or not accompanied by a requested product photograph will not be eligible for compensation or intervention.
We are not liable for any miscommunications or assumptions about products, formulas, measurements, or descriptions on orders placed by phone. If you have a specific question and need help finding what you want in the product description, email support@candyfavorites.com.
If you do not provide a product SKU visible on every product when placing your order by phone, we cannot guarantee that the product you receive is the product you described, and no refunds or returns are possible. In placing an order by phone, you agree that phone transactions fall under the Terms & Conditions, and the overall Return Policy applies.
To review our Return Policy, please click HERE
CandyFavorites.com, a division of Selavy Ltd., provides services to you subject to the following terms, conditions, and provisions ("Terms and Conditions"). By accessing, viewing, or using this Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract. Accordingly, you agree to be bound by these Terms and Conditions. Our Terms and Conditions apply to ALL orders, whether online or by phone, and are accepted when placing an order.
This Site is operated by Selavy Ltd. from its warehouse in McKeesport, Pennsylvania. This Agreement shall be construed by the laws of the State of Pennsylvania without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Pennsylvania, Allegheny County.
Selavy Ltd. reserves the right to change our Terms and Conditions at any time, for any reason, without notice, and continued use of this Site following modifications will constitute acceptance of such changes.
Please be advised that Selavy Ltd. owns and reserves the rights to all images, trademarks, and other intellectual property, as well as the EXCLUSIVE right to use historical content relating to McKeesport Candy Co. Accordingly, any use of the preceding without prior written consent shall be punishable to the full extent of the law.
We greatly respect customer privacy and do not, under any circumstance save for legal intervention, release consumer information to third parties or sell it for marketing purposes.
Copyright. Unless otherwise indicated, all content on this Site, including text, graphics, images, and logos, is the property of Selavy Ltd. or its content suppliers and is protected by the United States and international copyright laws and regulations.
In addition, Selavy Ltd. owns full copyright on this Site as a collective work or compilation and selects, coordinates enhancement, and arranges the Site's content. Selavy Ltd. does not grant you any express or implied right except as expressly provided herein. Selavy Ltd. actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The text and photo contents of this Site are protected under Federal Copyright Protection REGISTRATION TXu 2-102-066. All Rights Reserved.
1. Trademarks. CandyFavorites.com. and other names, graphics, logos, and icons identifying CandyFavorites.com or its products or services are proprietary marks of Selavy Ltd. All other trademarks not owned by Selavy Ltd. that appear on this Site are the exclusive property of their respective owner. Unless the specific manufacturer provides the information, no inference should be made, imagined, or implied that Selavy is co-sponsored or endorsed by said companies.
THE FOLLOWING LOGOS AND SLOGANS ARE PROTECTED BY FEDERAL TRADEMARK PROTECTION BY THE UNITED STATES PATENTS AND TRADEMARK OFFICE; LOGOS OR SLOGANS MAY NOT BE USED IN ANY FORMAT WITHOUT EXPRESS WRITTEN APPROVAL:
CandyFavorites - Reference # 5,353,092
CandyFavorites.com (stylized word trademark) - Reference # 5,367,409
Candy is what we deliver, but Service is what we sell - Reference # 3,251,106
Serving Candy Lovers Since 1927 – Reference # 3,246,809
2. License. Terms and Conditions provide you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions.
You may use this Site solely for your personal, noncommercial use, and you may download a single copy of the materials from this Site only for personal, non-commercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded. Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep-link, or otherwise use any information or material obtained from or through this Site without the prior written permission of the material's owner. As a condition of your use of this Site, you warrant to Selavy Ltd. that you will not use this Site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms and Conditions, and you agree that this license to use the CandyFavorites.com web site will terminate immediately upon your violation of this warranty. Selavy Ltd. reserves the right to terminate access to this Site and its content at any time, with or without notice, at our discretion.
3. Selavy Limited General Disclaimer. WHILE SELAVY LTD. ENDEAVORS TO PROVIDE ACCURATE, UP-TO-DATE MATERIALS, INFORMATION, MATERIALS, PHOTOGRAPHS, PRODUCTS, SERVICES, AND PRODUCT WEIGHTS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. SELAVY LTD. MAY MAKE MODIFICATIONS OR CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE, FOR ANY REASON.
SELAVY LTD. IS NOT RESPONSIBLE FOR AND NEED NOT HONOR TYPOGRAPHICAL, WEIGHT, PHOTOGRAPHIC, OR PRICING ERRORS ON THE SITE; SELAVY LTD. RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH SELAVY LTD., BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW. ORDERS THAT SELAVY LTD. BELIEVES ARE HARMFUL TO SELAVY LTD., ITS AFFILIATES, OR SITES OPERATING UNDER ITS CORPORATE "UMBRELLA.". SELAVY LTD. ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS SITE.
YOU ASSUME THE SOLE RISK OF RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. SELAVY LTD. MAKES NO REPRESENTATIONS ABOUT SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PHOTOGRAPHS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS SITE FOR ANY PURPOSE. EXCEPT AS OUTLINED IN THE WARRANTY POLICY STATEMENT APPLICABLE TO PRODUCTS SOLD ON THE CANDYFAVORITES.COM WEBSITE, ALL INFORMATION, MATERIALS, PHOTOGRAPHS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SHOULD DOUBTS ABOUT A PRODUCT ARISE, WE ENCOURAGE YOU TO CONTACT US VIA EMAIL.
WE STRIVE TO DISPLAY COLORS AS ACCURATELY AS POSSIBLE BUT CAN NOT GUARANTEE YOUR MONITOR DISPLAY WILL BE ACCURATE. VARIATIONS MAY OCCUR DUE TO VARIABLES SUCH AS SCREEN SIZE, MONITOR RESOLUTION, AND COLOR SETTINGS. We have taken every measure to provide accurate product images for each product for sale. However, due to several factors such as Internet browsers, monitor color contrasts, etc., we cannot be held responsible or liable for any differences in color between the image and the actual product.
4. Allergen-Free Products. It is a regular practice for wholesalers to repackage the merchandise, and as we are not a manufacturer, we often do this, especially with bulk candy. As a result, allergen-free claims made by the manufacturer may be compromised as we use the same facilities for packaging items that "may" contain peanuts, tree nuts, dairy, wheat gluten, eggs, fish or shellfish, or soy. As such, trace elements may come into contact with the candies. If it is essential to have allergen-free products, please contact us to ensure that the product in question has not been repackaged. We encourage you to contact the manufacturer directly for further nutritional or packaging information.
5. Periodic Mailings. CandyFavorites.com periodically sends email messages using a third-party provider notifying them of promotions. By placing an order and agreeing to the Terms and Conditions, you agree to receive said messages. If you want to be removed from our distribution list, please email support@candyfavorites.com with "Unsubscribe" in the subject line. You can also opt out of our mailings by clicking Unsubscribe in the message you receive. Please note that our email distribution list is never shared or sold and is treated under our Privacy Policy.
6. Indemnity. You agree to indemnify, defend, and hold harmless Selavy Ltd., its affiliates, and all of their employees, agents, officers, directors, distributors, partners, proprietors, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this Site or any breach by you of these Terms and Conditions.
7. Applicable Law. This Site was created and controlled by Selavy Ltd. in Pennsylvania, USA. The laws of the State of Pennsylvania will govern these Terms and Conditions (without giving any effect to the principles of conflicts of laws) as such laws apply to agreements entered and to be performed entirely within Pennsylvania between Pennsylvania residents.
Any action to enforce these Terms and Conditions will be brought in the federal or state courts presiding in Pittsburgh, Pennsylvania, U.S.A., and all parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Selavy Ltd., from McKeesport, PA, in the United States of America. Selavy Ltd. makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Further, Selavy Ltd. makes no representation that the products and services available for sale or use on this Site are appropriate or available for use in other locations. Use or purchase of such products or services from territories where such purchase or use is illegal. If you choose to access or purchase from this Site from other locations, you do so of your own volition and are responsible for compliance with any applicable local laws.
8. General. Suppose any provision contained in these Terms and Conditions is held by a court of competent jurisdiction contrary to any law; the remaining provisions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Selavy Ltd. due to these Terms and Conditions or your use of this Site. The waiver by Selavy Ltd. of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.
9. User Comments and Feedback: All comments, feedback, notes, messages, ideas, suggestions, or other communications are submitted to CandyFavorites through Yotpo.
A Third-party reviews provider or offered in connection with the use of this Site, whether disclosed online, by email, by post mail, or otherwise (collectively, "Comments"), shall remain our exclusive property once submitted. Your submission of any such Comments shall constitute an assignment to CandyFavorites of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. CandyFavorites reserves the right to use, reproduce, disclose, publish, and distribute any material for any purpose without restriction or prior notification and third-party compensating. CandyFavorites has the right but not the obligation to monitor and edit or remove any Comments. You agree Comments will not violate the rights of any third party, including copyright, trademark, privacy, or personal or proprietary rights.
10. Errors: We do not accept liability (except as set out below) for any errors or omissions in our website and reserve the right to change information, prices, specifications, and descriptions of listed goods, products, and services at any time and without notice.
If an error is discovered in the cost of the goods you ordered, we will inform you as soon as possible. We shall be free to fulfill an order for a product advertised at an incorrect price. If you order an item and the price published on candyfavorites.com is erroneous, we will email you to inform you that we have yet to accept your order and that your order has been canceled. If there is a discrepancy, you will be advised of the correct price of the subject product. You may reorder it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the total amount within ten days of the order date. A separate transaction will be posted to your credit card if you reorder at the correct price.
11. Damages, Defective or Incorrect Goods: In the unlikely event that you receive goods that were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the email address stated in the confirmation email within 24 hours of confirmed delivery of the goods plus return the goods to us unless we inform you that return is not necessary. A photograph of the damaged or incorrect product is also required.
Also, we cannot issue credit for damage to products caused by inclement weather, cold or hot. This provision does not affect your statutory rights.
Please note that a formula or packaging change made by the manufacturer does not indicate a defective product. We cannot issue a credit or accept returns if the product in question differs from expectations but reflects the most current formulation. To learn more about product expectations, please click here.
You further agree that comments or feedback will not contain libelous or unlawful, abusive, or obscene material or computer viruses or malware that could affect the operation of the Site or Users. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third parties as to the origin of any Comments. You are solely responsible for any Comments, and we assume no responsibility or liability for comments you or any third party posted. We reserve the right to seek third-party intervention, if necessary, to remove comments deemed inappropriate or factually inaccurate.
Information Collecting by Automated Means
We reserve the right to collect information by automated means when you visit CandyFavorites, such as the IP address of the device you use to connect to the Internet and the pages you access. Using this information, we can better tailor our website and understand what products and services our customers might prefer. We collect this information through various means, such as "cookies" and "web beacons."
Cookies
Like many online stores, this site uses " cookies." Cookies are placed on your computer's hard drive when you visit certain websites, allowing us to enhance your online experience by saving preferences and offering special discounts or incentives. We use cookies, for example, to preserve the contents of your virtual shopping bag between visits. We also use cookies to measure activity on the Site and determine which areas and features are the most popular.
Most browsers will tell you how to stop accepting cookies, how to request being notified when you receive a new cookie, and how to disable existing ones. With cookies, however, you may be able to take full advantage of all our site features.
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