A. TERMS OF USE

 Your use of this website is governed by these Terms and Conditions. Your use of the Elenis.com website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Eleni’s New York, either through our website, over the phone, or by any other medium, you are agreeing to these Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our website. If you do not agree with any of these Terms and Conditions, please do not use the Elenis.com website.

 

B. USE OF WEBSITE

 The Elenis.com website is for the sole use of individuals and entities wishing to purchase, review, browse, or otherwise engage in retail transactions involving Eleni’s New York® goods and services and/or to otherwise conduct business with or contact Eleni’s New York, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of any customers (whether such customer is a person or an entity) with any 3^rd party not affiliated with Eleni’s New York. This policy is intended to protect the privacy and freedom of Eleni’s customers and others authorized to use its Website.

 

Your receipt of an order confirmation via electronic delivery or other form does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell as we may require additional verifications or information to complete the transaction. We reserve the right to accept or decline your order for any reason at any time after receipt. We shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for canceling your order, unless set out in these Terms and Conditions.

 

C. PAYMENT

All payment is required in full by debit, credit card or PayPal at time of purchase when submitting through our Website and will be collected at the time of placing the order. We must receive full payment in advance to start preparation of or dispatch of goods. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Eleni’s New York. If you are placing a Corporate or Customized order, we may agree to credit terms via a separate written agreement. Please contact us at 929-706-8100 or cookieinfo@elenis.com to make arrangements.

 

D. PRICING INFORMATION

Eleni’s cannot confirm the price of an item until after your order is placed. Pricing errors may occur on Elenis.com. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you. This applies to all orders, even after you receive an order confirmation or shipping notice. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

Volume Discounts are calculated on total merchandise of $600 or more on a per order basis. You will receive 5% savings on merchandise total of $600-$1,500; 10% saving on merchandising total of $1,501-$6,000; and 15% saving on merchandising total of $6,001 or more. Qualifying purchase amount is calculated after all applicable discounts; amounts charged for gift cards, shipping and/or tax do not count. Not valid on hand-iced custom orders, or previous purchases. This offer cannot be combined with other order/product or shipping-related promotions and cannot be redeemed for cash. No substitutions. Offer valid only for consumer purchase, not for resale or for commercial or reseller accounts. Eleni’s New York reserves the right to refuse this offer to anyone who may be purchasing, and final discounts are subject to the approval of the Cookie Concierge Team. Eleni’s New York reserves the right to cancel any promotion at any time.

Our free shipping promotion cannot be combined with any other promotions or offers, and Hawaii and Alaska are exempt from free shipping promotion. Additionally, please note that free shipping only applies to 1 address, unless each individual item purchased and shipped is over $65.

 

 For example:

 

• If a customer buys 20 $66 gifts, all 20 can be shipped for free to 20 addresses
• If a customer buys 20 $30 gifts, she only gets 1 free shipping address

 

E. REFUNDS & RETURNS

 Refunds and returns are evaluated on a case-by-case basis, and Eleni’s reserves the right to limit replacements. Eleni’s does not refund shipping nor rush fees under any circumstance. 

 

F. CANCELLATION

 Once an order is in production, changes to that order including cancellation cannot be made. To deliver the highest quality goods to our customers, Eleni’s New York begins processing your order as quickly as the same business day you order it. As a rule of thumb, we will do our best to accommodate order inquiries and updates, however, changes or cancellation of an order after two hours have passed, and contingent upon shipping cut-off time frames for a particular day, prohibit any modifications from being made after the order is placed on Elenis.com. Any changes to or cancellation of an order can only be made with Eleni’s New York prior approval and additional charges may apply. We encourage you to carefully check your order before submitting it.

 

G. QUOTES/CUSTOM ORDERS/CHANGES

 The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Price quotes for hand-iced custom cookies are good for 7 days. Unless otherwise stated by Eleni’s New York pricing, custom orders include two rounds of reviews for custom artwork, so that you will have the opportunity to review a draft of the artwork and then review any revisions made based on your comments arising from your initial review. Additional design changes will incur a $100.00 charge for each additional round of design drafts and review. Eleni’s New York will provide proofs of custom artwork that must be approved by you in person or email. By finalizing your order, you are verifying that all information is accurate. Eleni’s New York is not responsible for any errors in artwork or copy provided by you. Eleni’s New York is not responsible for any errors once such custom work has been approved by you.

 

H. DELIVERY

Delivery will be deemed to have taken place at the time we give an order to any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Eleni’s New York is not responsible for lost, stolen or damaged goods once an order leaves Cookie Headquarters. If you choose a specific ship date when placing your order, we will do our best to ship the order out on that day. You acknowledge that requested ship dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order has been handed off to the carrier, we have no control over the delivery process, and we recommend you choose a ship date at least one day earlier to make sure that your package arrives on time.

 

I. COPYRIGHT

 When sending content or images for use during custom work, you agree that you own or license the copyright or are authorized by the copyright owner to use it. You warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any 3^rd Party. If we believe any image you submit does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. Eleni’s New York will fully cooperate with any and all law enforcement agencies or court orders that direct or request us to provide the identity or location of anyone sending material in breach of these terms. Any images sent to us remain protected under the existing copyright. When you send us an image you grant us license to modify, print, or otherwise use it in accordance with the details of your order. When you place an order, you accept these terms and any and all liability for any consequences suffered by Eleni’s using the images you supply. For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that the necessary permission for reproduction of the images has been obtained. We reserve the right to photograph products that we provide to you, including those decorated with a logo or other artwork you supply. Unless specifically requested in writing not to do so, we may display these photographs on Elenis.com or other advertising media for marketing and promotional purposes.

 

All designs, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned by Eleni’s New York® and protected by U.S. and foreign copyright laws. All trademarks reproduced in this Website, which are not the property of, or licensed to us are acknowledged on the Website.

 

Our Website also contains material which is owned by or licensed to us by DecoPAC Inc. This includes the following licensing brand logos here. Materials we would use includes but is not limited to the design, layout, look, appearance, and graphics. You are not permitted to reproduce any of this material except as permitted by law.

 

Any information or materials on this Website are to be used entirely at your own risk, for which we shall not be liable. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes. Any other use of any content included on our Website, including linking or framing this Website, is strictly prohibited unless you first obtain our prior written consent.

 

J. WARRANTY

 No warranty is given that the goods are suitable for the particular purposes intended by you. Eleni’s New York warrants that it has the right to provide its products on an “as-is” basis, without warranty of any kind, express or implied, oral or written.

 

K. LIMITATION OF LIABILITY

 Eleni’s New York is not liable for any claim arising out of the performance, non-performance, defect in or delay in delivery of the goods, nor for any special, indirect, economic or consequential loss or damage, however arising or however caused (including loss of profit or loss of revenue), whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Eleni’s New York.

 

L. SUBMISSION AND USE OF COMMUNITY FEATURES

We welcome your comments about Elenis.com, however, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of Eleni’s New York. Your submission of any such Comments shall constitute an assignment to Eleni’s New York all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Eleni’s New York is entitled to use, reproduce, disclose, publish and distribute any material you submit, without restriction and without compensating you in any way.

 

M. DISCLAIMER

This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this website, that is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website. Eleni’s New York will not be held liable for any damage caused by our website.

 

This Website is operated by Eleni’s New York®. All inquiries may be directed to:

 

Eleni's New York

33 Irving Place

New York, NY 10003

 

N. INDEMNIFICATION

 You agree to defend, indemnify and hold Eleni’s New York harmless from and against any and all claims, damages, costs & expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of Elenis.com in violation of these Terms of Use.

 

O. PRIVACY POLICY

Eleni’s New York handles your privacy with the utmost care and concern while you are on Elenis.com. View Our Privacy Policy.