Terms of service.

Welcome to Macaronology!

Macaronology supports freedom of speech, both on and off the Internet. However, the goal of Macaronology is to provide you with access to the best quality baked goods possible. To ensure a safe, non-offensive environment for all our users, we have established these Terms of Service, spelling out what you can expect from us and what we expect from you.

By purchasing any products from Macaronology, by using any of Macaronology’s services, or by accessing any areas of the iheartmacronology.com website (“website”), you agree to be legally bound and to abide by the terms and conditions set forth below.

iheartmacaronology.com is owned and operated by Macaronology, a Minnesota (USA) company. Any references herein to Macaronology, iheartmacaronology.com, “we” or “us” shall be deemed to refer to iheartmacaronology.com and/or Macaronology, as applicable under the circumstances.

All references in these Terms of Service to “Macaronology,” “iheartmacaronology.com” and/or “this website” shall be deemed to include both this website and any and all social media pages maintained from time-to-time by Macaronology or its affiliates.

 I. OUR PRODUCTS; TERMS OF SALE

Our Products. Macaronology offers a variety of macarons and related products (“Products”), at retail, through this website, and through social media pages maintained by Macaronology on Facebook, LinkedIn, and elsewhere.

Payment. All amounts due for retail purchases of Macaronology products are payable in full at the time of purchase unless otherwise agreed by Macaronology in writing. 

Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for completion.

Pricing and Availability. All prices for products are shown in U.S. dollars. 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. All prices are subject to change without notice.

Payment Terms. Macaronology currently accepts Visa, MasterCard, American Express, and Discover credit cards as well as PayPal. By submitting your order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order (including taxes). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for Macaronology products by credit card or PayPal, and subsequently “charge back” your purchase through your merchant account provider, Macaronology reserves the right to terminate these Terms of Service and all pending orders and transactions immediately in addition to any and all available remedies at law or in equity.

Your payment information is processed through third party processor of your choice. We do not retain your credit card information which is encrypted during transfer through these processors and we are not liable for any theft of such information.

Back Orders. If for some reason an item on your order is temporarily out of stock, we will contact you.

Order Availability and Processing. Orders are baked fresh and will not be available for pickup or delivery at least until 2-3 days after we have received your order.

Delivery: Macaronology offers delivery in select areas. We are not responsible for the macarons if you instruct us to deliver and leave the package.

Returns, Exchanges & Cancellation Policy. Due to the perishable nature of our products refunds are not accepted. If for any reason you are not satisfied with your purchase, you may contact us at macaronology@hotmail.com

All orders are final, please make sure everything is correct before placing your order.

Errors. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on this website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate.

Allergens. Our macarons may contain or come into contact with common allergens, such as dairy, eggs, wheat, soybeans, tree nuts, peanuts, fish, shellfish, wheat, or sesame. While we take steps to minimize risk and safely handle the foods that contain potential allergens, please be advised that cross contamination may occur, as factors beyond our reasonable control may alter the formulations of the food we serve, or manufacturers may change their formulations without our knowledge.

II. DISCLAIMERS AND LIMITATION OF LIABILITY

You expressly agree that use of Macaronology’ Products is at your sole risk. Neither Macaronology nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this website will be uninterrupted or error free, nor do they make any warranty as to any of Macaronology’s products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this website.

Disclaimer of Warranties. MACARONOLOGY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS website. MACARONOLOGY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS website WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH MACARONOLOGY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MACARONOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) MACARONOLOGY OR THE SERVER(S) THAT MAKE OUR website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACARONOLOGY’SPRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS website ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MACARONOLOGY AND ITS AFFILIATES.

Limitation of Liability. IN NO EVENT SHALL MACARONOLOGY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL MACARONOLOGY OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH MACARONOLOGY, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS website, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH MACARONOLOGY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF MACARONOLOGY OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Internet Delays. USE OF THIS website MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MACARONOLOGY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Links to Third Party Sites. This website may contain links to third party sites. These links are provided for convenience purposes and are not under the control of Macaronology. If you choose to link to such third-party websites, Macaronology makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. Macaronology does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Macaronology disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party websites, the use of your information by such third parties, and the security of information you provide to such third parties.

III. CONTENT AND COPYRIGHT OWNERSHIP

A. Copyright and Limited License

Unless otherwise indicated, this website and all content and other materials therein, including, without limitation, the Macaronology logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Macaronology or its licensors or users and are protected by U.S. and international copyright laws.

 You many not breach or violate any of the terms of our service. You may not plagiarize, copy, or use our imagery or products for any illegal or unauthorized purposes. You may not reproduce, copy, or sell any item found on our site or represent yourself on behalf of our company or convey a likeness to our brand. 

B. Digital Millennium Copyright Act (“DMCA”) Notice

If you believe any material available via this website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Macaronology

Attn: Customer Care

2084 117th LN NE,

BLAINE, MN 55449

Please see 17 U.S.C.A. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 In accordance with the DMCA and other applicable law, Macaronology has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Macaronology may also, in its sole discretion, limit access to this website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

C. Third Party Site Materials

Macaronology may provide third party content on this website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Macaronology is not responsible or liable in any manner for any Third-Party Site Materials and undertakes no responsibility to update or review such Third-Party Site Materials. You agree to use such Third-Party Site Materials contained therein at your own risk.

 D. Advertisements and Promotions; Third-Party Products and Services

Macaronology may display advertisements and promotions from third parties on this website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Macaronology is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Macaronology advertisers or third-party information on this website.

IV. SUBMISSION OF IDEAS

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Macaronology, this website and our Products (collectively, “Ideas”). Ideas, whether posted to this website or provided to Macaronology by e-mail or otherwise are entirely voluntary, nonconfidential, gratuitous and noncommittal. Macaronology shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

V. LINKS

You are granted a limited, nonexclusive right to create text hyperlinks to this website for noncommercial purposes, provided such links do not portray Macaronology in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Macaronology’ logo or other proprietary graphics to link to this website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Macaronology, logo or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page on this website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Macaronology or any third party.

Macaronology makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to this website. Such sites are not under the control of Macaronology and Macaronology is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Macaronology and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Macaronology of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this website.

VI. PRIVACY POLICY

In accordance with the terms of Macaronology’ Privacy Policy, Macaronology respects the privacy of its users. To view our Privacy Policy, click here.

VII. USAGE BY CHILDREN AND MINORS

Macaronology cannot prohibit minors from visiting this website. Macaronology must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.

VIII. APPLICABLE LAW

These Terms of Service and this website are created and controlled by Macaronology, a company organized in the State of Minnesota U.S.A. As such, the laws of the State of Minnesota, U.S.A. will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Minnesota, U.S.A., and of the United States of America located in the State of Minnesota, U.S.A. for any litigation arising out of or relating to use of or purchase made through Macaronology (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of Minnesota, U.S.A., and agree not to plead or claim in any court of the State of Minnesota, U.S.A. that such litigation brought therein has been brought in an inconvenient forum.

IX. MODIFICATION OF TERMS

Macaronology may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary e-mail address specified in your account or by placing a prominent notice on this website. You are responsible for regularly reviewing these Terms of Service. Continued use of Macaronology after any such changes shall constitute your irrevocable and unconditional consent to such changes.

X. GENERAL

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

No joint venture, partnership, employment, or agency relationship exists between you and Macaronology as a result of these Terms of Service. The failure of Macaronology to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Macaronology in writing.

These Terms of Service, together with any applicable policies, comprise the entire agreement between you and Macaronology and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.