These Terms of Use (these “Terms”) outline the conditions on which we provide access to the **PastryChefMiami.com** website, its subdomains, and our mobile apps (the “Site”). Together with our Privacy Policy, these Terms govern your participation in, access to, and use of the Site. By accessing the Site and/or indicating your acceptance of these Terms, you agree to comply with the rules set forth in this agreement.
We may modify these Terms at our discretion without notice to you. When changes are made, the “Effective Date” above will be updated to reflect the date of the most recent modifications.
In these Terms, the words "you" and "your" refer to visitors and users of the Site, while "we," "our," and "us" refer to **Scoop5Fingers LLC** and its affiliated companies. The term "Content" refers to all content, features, and functionality accessible through the Site, which may include (but is not limited to) information, software, text, images, video, audio, and the design, layout, and arrangement of the Site itself.
### **Shopping & Delivery**
The Site allows you to pre-order party platters, purchase gift cards, and order pastries and related products for home delivery or curbside pickup at local stores. Orders will be fulfilled by **Scoop5Fingers LLC** and/or our partners, suppliers, or contractors. Availability and pricing may differ from what is listed on the Site and are subject to change.
Gift cards will be sent via postal mail to the address provided. Delivery and pickup orders will be processed according to the options selected at checkout. We are not responsible for any damage or theft occurring during delivery.
Product availability is subject to change, and we may modify, cancel, or ship only part of your order prior to delivery. We will attempt to notify you of any changes.
### **Fees, Payment, and Access**
You are responsible for all charges related to your orders, including applicable taxes. Your payment information must be accurate, and we are not liable for any issues arising from inaccurate or outdated information.
We are not responsible if your credit card issuer declines payment. We reserve the right to adjust payment methods, terms, and refund processes at our discretion.
### **SMS/Text Messages**
By signing up , you consent to receive promotional and non-promotional text messages from us. You confirm that you are the account holder for the mobile number provided and that you are authorized to receive such messages.
You may opt-out of the SMS Program at any time by texting "STOP". Message and data rates may apply.
### **No Warranties**
The Site is provided “as is,” and we do not guarantee uninterrupted access, error-free operation, or the accuracy of the Content. We are not responsible for any errors in Content or functionality and do not promise that any links or features will remain operational. The Site may include third-party Content, which is the responsibility of the third party.
### **Ownership of the Site and Permitted Uses**
All Content on the Site is owned by us, our licensors, or other third-party content providers and is protected by intellectual property laws. You may use the Site for personal, non-commercial purposes only. Automated systems such as crawlers, scrapers, or bots are prohibited unless used for legitimate search engine purposes.
### **Privacy and Your Personal Information**
Our **Privacy Policy** outlines how we collect and use your personal information. By using the Site, you consent to our collection and use of your data in accordance with this policy.
### **Links to Third-Party Sites**
The Site may contain links to external websites. We do not control or endorse these third-party sites and are not responsible for their content or policies.
### **Limitation of Liability**
We are not liable for damages arising from your use of the Site. Our collective liability is limited to the lesser of (A) the purchase price of returned products or (B) fifty dollars ($50), except as restricted by applicable law.
### **Disputes**
Any dispute arising from these Terms or the use of the Site will be resolved exclusively through arbitration conducted by the American Arbitration Association (AAA). The arbitration will follow the AAA's Consumer Arbitration Rules, as modified by these Terms.
### **Miscellaneous**
Failure to enforce any part of these Terms does not waive our rights. If any provision is found to be invalid, the rest of the Terms will remain in effect. These Terms are governed by the laws of the state of Florida.
### **Contact Us**
For any questions or concerns about these Terms, please contact us at **Scoop5Fingers LLC**, via the Contact Us form at **PastryChefMiami.com/contact-us**, or by email at **support@PastryChefMiami.com**.
