Pete's Gourmet? Confections/PETESGOURMET.COM policy

Welcome to Pete's Gourmet™ Confections and petesgourmet.com. Pete's Gourmet™ Confections and its affiliates provide their services to you subject to the following conditions. If you visit or shop at petesgourmet.com, you accept these conditions. Please read them carefully.

PRIVACY
Please review our Privacy Notice, which also governs your visit to petesgourmet.com, to understand our practices.

COPYRIGHT
All content included on this site, such as text, graphics, logos, web name, company name, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Petes Gourmet Confections™ or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Petes Gourmet Confections™ and protected by U.S. and international copyright laws. All software used on this site is the property of Petes Gourmet Confections™ or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
Petes Gourmet Confections™,  PETESGOURMET.COM, MELTINYOURMOUTH, ORIGINALS, PETE'S GOURMET ™, GOURMET MARSHMALLOW™ and other petesgourmet.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Petes Gourmet Confections™, its affiliates or subsidiaries. Petes Gourmet Confections™ trademarks and trade dress may not be used in connection with any product or service that is not Petes Gourmet Confections™, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Petes Gourmet Confections™ or Petesgourmet.com. All other trademarks not owned by Petes Gourmet Confections™, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Petes Gourmet Confections™, its affiliates or its subsidiaries.

LICENSE AND SITE ACCESS
Petes Gourmet Confections™ grants you 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 Petes Gourmet Confections™. 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 Petes Gourmet Confections™. 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 Petes Gourmet Confections™ and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Petes Gourmet Confections™ 's name or trademarks without the express written consent of Petes Gourmet Confections™. Any unauthorized use terminates the permission or license granted by Petes Gourmet Confections™. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Petes Gourmet Confections™ so long as the link does not portray Petes Gourmet Confections™, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Petes Gourmet Confections™ logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Petes Gourmet Confections™ does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Petes Gourmet Confections™ only with involvement of a parent or guardian. Petes Gourmet Confections™ and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content send e-cards and other communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "Spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Petes Gourmet Confections™ reserves the right (but not the obligation) to remove, edit, or otherwise make use of such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Petes Gourmet Confections™ and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Petes Gourmet Confections™ and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post that the content is accurate that use of the content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Petes Gourmet Confections™ or its affiliates for all claims resulting from content you supply. Petes Gourmet Confections™ has the right but not the obligation to monitor and edit or remove any activity or content. Petes Gourmet Confections™ takes no responsibility and assumes no liability for any content posted by you or any third party.

RETURN POLICY
We have a 100% satisfaction policy, any item purchased from Petes Gourmet Confections™ can be returned in a "almost" unused condition for a complete refund (minus shipping) or replacement within the first Ten (10) business days after the purchase of the item. Any return made without prior approval from Pete's Gourmet Confections will be subject to a 20% restocking fee.

CANCELLATION POLICY
Cancellations of non-custom products can be made anytime before the product ships. If order is cancelled after the product ships you will be refunded for your order minus shipping costs. Any cancellation made when the package is delivered to the recipient and refused without prior approval from Pete's Gourmet Confections will be subject to a 20% restocking fee.   Custom orders can only be cancelled before production of the custom product begins.

SHIPPING POLICY
The staff at Pete's Gourmet try their very best to insure that our gourmet marshmallow products arrive in the best condition possible. Therefore, we take extra care when shipping each package. Orders made after 11:00 AM PST will be processed the following day. Processing usually takes 1-3 business days during most of the the year, processing will take longer during the Holidays. Orders made over a weekend or Holiday will be processed during the following work week.
 For temperatures under 75 degrees, ground shipping is available for any of our gift basket, gourmet food or any other marshmallow candy products. For warmer weather, 2 day air is required. In some cases, during the summer months and in extreme heat, overnight air may be required. Insulated packaging is often necessary for shipping in warm to hot weather.
 Our non-chocolate products (undipped Marshmallows) are shipped via Fed-ex ground year round and our chocolate products can be shipped during the colder months via ground too.  During extreme heat we reserve the right to ship only on Monday and Tuesdays to insure safe arrival of packages not being shipped next day air. Shipping is based on business days and a five day work week.  Example: If your order is shipped on Wednesday to New York from Oregon VIA UPS ground delivery (estimated 4 day delivery time).  Processed on and given to UPS on Wednesday.....ship days Thursday, Friday, Monday and delivered Tuesday. Pete's Gourmet Confections is not responsible for undeliverable addresses, missing, stolen, or incorrectly addressed packages.

DAMAGED GOODS
In the event you receive damaged or partially damaged goods you are required to keep the product in its original internal and external packaging. You must notify Pete's Gourmet immediately upon receipt so we can contact the shipping company (Fedex, UPS, USPS, etc.)  for an inspection of the damaged goods for the claim.  If you dispose of the damaged items or the packing materials or fail to cooperate with the shipping company's inspector we WILL NOT REFUND for the damaged goods and will additionally charge you for any replacement products sent.

RISK OF LOSS
All items purchased from Petes Gourmet Confections™ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT SUBSTITUTIONS
Petes Gourmet Confections™ always tries to pack your exact order, on the rare occasion (high volume Holidays)
we may find the need to substitute a product of equal or greater value to insure your order arrives in a timely manner.

PRODUCT DESCRIPTIONS
Petes Gourmet Confections™ and its affiliates attempt to be as accurate as possible. However, Petes Gourmet Confections™ and Petesgourmet.com do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Petes Gourmet Confections™ itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES
Parties other than Petes Gourmet Confections™ and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Petes Gourmet Confections™ does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Petes Gourmet Confections™  ON AN "AS IS" AND "AS AVAILABLE" BASIS. Petes Gourmet Confections™  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 SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Petes Gourmet Confections™  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Petes Gourmet Confections™ DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Petes Gourmet Confections™  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Petes Gourmet Confections™  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.

APPLICABLE LAW
By visiting Petesgourmet.com, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Petes Gourmet Confections™ or its affiliates.

DISPUTES
Any dispute relating in any way to your visit to Petes Gourmet Confections™ or to products you purchase through Petesgourmet.com shall be submitted to confidential arbitration in Medford, Oregon, except that, to the extent you have in any manner violated or threatened to violate Petes Gourmet Confections™ ' intellectual property rights, Petes Gourmet Confections™ may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern your visit to Petesgourmet.com. We reserve the right to make changes to our site, policies, and these Conditions of Use 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.

OUR ADDRESS
OUR ADDRESS for inquiries or returns:
Petes Gourmet Confections™
3100 Merriman Road, Medford, Oregon 97501
http://www.petesgourmet.com
customerservice@petesgourmet.com
1-866-857-3837