Terms of service

The Seller will not be liable for short delivery unless a claim is notified to the Seller in writing in accordance with Section 7. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Section 8. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action, Act of God or mishandling of product by the Buyer.The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of theKCFCF.com website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
THIS SERVICE IS PROVIDED “AS IS” AND“WITH ALL FAULTS”. KEEFER COURT FOOD, INC. AND ITS AFFILIATES HEREBYEXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THEABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHERRIGHTS WHICH VARY FROM STATE TO STATE.

ALL PRODUCTS ARE MADE IN THE USA!

NEED-BY DATE IS NOT GUARANTEED – You are responsible for ensuring you’ve selected the correct shipping method for your fortune cookies/containers to arrive in time for your event. The date you order is NOT counted as a shipping date. KCFCF is not responsible for checking your shipping method and ship-to location against the need-by date you specify.

Selecting UPS GROUND DOES NOT GUARANTEE YOU WILL RECEIVE YOUR ORDER IN TIME. Upon checking the “I agree with the terms above” box you agree that you’ve allotted three to four days for production time, plus the correct number of days (at most five business days) for shipping time, and that this total of days is far enough in advance that the order will arrive in time for your event. You agree not to hold KCFCF accountable if you select the incorrect shipping method. Please keep in mind that once your package is picked up from our factory, we have no control regarding delivery date and time.

WE ARE NOT RESPONSIBLE FOR SHIPPING DELAYS DUE TO ADVERSE WEATHER, UPS CARGO DELAYS and/or YOU HAVE SELECTED A DATE THAT IS TOO SOON FOR YOUR NEED BY DATE – Please order far enough in advance to compensate for inclimate weather conditions and also for your event date.

YOU MUST PROVIDE AN ACCURATE PHYSICAL ADDRESS INCLUDING UNIT/APTNUMBER – UPS does not deliver to PO boxes OR any military base addresses. Any shipments which cannot be delivered due to an error or an invalid ship-to address provided/entered online and or any package was refused by the recipient is subject to an additional charge of $11 per package for a returning fee by UPS plus additional shipping costs to re-send the package. Please make sure to INCLUDE ALL Suite, Floor or Unit or APARTMENT Numbers!
*****Additional shipping charges will be applied if your package cannot be delivered and being returned back to us by UPS.

UPS CLAIM – Any breakages during shipment must notify Keefer Court Fortune Cookie Factory via email with pictures of damages (picture of the original packaging and picture of the damaged product) within 2 business days after product is received. UPS claims will be filed on your behalf, a refund will be credited back to you upon receiving a refund from UPS. Product must be kept in original shipping box(es) as UPS representative may choose to examine the parcels in person.

NON-UPS CLAIMS – Any non-UPS claims will only be considered for store credits. Such claims must notify KCFCF via email within 2 business days after the product is received. We reserve the right to ask for proof that can support your claim and the returning of the products to us on your expenses.

CUSTOM MESSAGE COOKIE PRODUCTION CUT OFF TIME IS 11:00 AM Central Standard Time – All orders placed after this time will be routed to production on the next business day in the order as it was received. Orders usually ship out one to four business days after being received. If order comes in after 11:00 AM CST on Thursdays, the earliest we can ship out your order will be that following Monday.

ONLY YOUR CUSTOM MESSAGES WILL BE INCLUDED IN YOUR ORDER – If you input 15 custom messages and order 50 cookies, your 15 messages will be mixed randomly (repeated) 3+ times throughout the order.

PLEASE NOTE: One side of the message will be visible through the gap of the cookie – Let us know which message/which side (or “blank” side if message is not double-side) you would like us to face out to be visible/cookie gap in the “Order comments” box on the check-out page.

THERE IS NO GUARANTEE THAT *ALL* OF THE MESSAGES YOU’VE ENTERED WILL BE IN YOUR FINAL ORDER – There may be triples of one message, and none of another. This is because we print overrun and because there is breakage in production and or during shipping. You will always receive the quantity number of fortune cookies you ordered.

MESSAGE(S) ARE FINAL – You are responsible for any errors to your messages. What the message(s)/image look like in the preview window above those 3 lines is EXACTLY what we will print. Upon checking this box you agree that the message(s) you’ve created are grammatically and visually exactly what you want as we do not review, change or enhance your customize message(s) and or image that was uploaded by you. Please note, special characters, accents, and foreign languages that you might be able to copy and paste on the website but often time they might and or do not render correctly.

*Any changes to messages, or order, are subject to a $15 typeset fee after submission BEFORE THE COOKIES ARE MADE. Once the cookies are made, no changes can be made.

TYPESET FEE of $15 APPLIES if you e-mail us your order, instead of using the website application to enter your custom message(s).

WHAT IF I HAVE MORE THAN 16 CUSTOMIZED MESSAGES? Any additional messages are subject to $1 per message fee.

WE RESERVE THE RIGHTS to wrap your cookies in CLEAR cellophane instead of our branded TRADITIONAL restaurant wrapper at any time based on the content of your customized messages.

NO RETURNS ON CUSTOM PRODUCTS – We are not able to refund a custom made food product once it ships*. If you call to cancel your order before it ships, 50 percent of the order’s total will be credited to your credit card, as we begin production immediately after you submitted your order. Upon checking this box you agree to this return policy. *(unless UPS damages your order during shipping -please reference UPS Claim above).

HOW TO STORE FORTUNE COOKIES – Our fortune cookies are freshly made to order, all cookies are individually wrapped and will stay fresh for up to 3 months for the traditional plain fortune cookies and up to 6 weeks for the chocolate-dipped products. Please store cookies in cool dry place at room temperature, DO NOT refrigerate cookies and avoid exposing product to direct sunlight. Heat and humidity will shorten the shelf life of cookies.

NOT RESPONSIBLE FOR MELTED CHOCOALTE – When shipping chocolate-dipped fortune cookies during the summer months or shipping to warm weather destinations (above 70 degrees Fahrenheit), we highly recommend choosing UPS Next Day Air as your shipping method to ensure the chocolate does not melt. Someone should be available at the shipping destination to receive the package(s) at the time of delivery so that they are not left outside. KC Fortune Cookie Factory is not responsible for melted chocolate or other damages if proper shipping method was not selected and if the package(s) were left outside when delivered.

Terms of Service

Welcome to KC Fortune Cookie Factory, operated in the United States by Keefer Court Food, Inc. When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website. Your use of the KCFortuneCookieFactory.com website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions of Business. (“KCFCF Policies”). Use of the KCFCF.com website will be considered acceptance of the KCFCF Policies. If you do not agree to the KCFCF Policies, then you may not use the KCFCF.com website. Please note thatKCFCF.com has the right to modify the KCFCF Policies and, thus, you should review them periodically.

If you have any questions, comments or concerns regarding the KCFCF Policies or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please call us at 1-800-808-3678.

1. DEFINITIONS

“Seller” means Keefer Court Food, Inc. “Buyer” means the person whose name is printed on the Order. “Contract” means the order and Order Confirmation (incorporating any Special Conditions) “Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business. “Order” means the Buyer’s order for Goods or services. “Order Confirmation” means the Seller’s Order confirmation pursuant to Section 3. “Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable. “Person” means any person, firm or company. “Special Conditions” any conditions in relation to Orders set out and designated as such in the Order Confirmation. “Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.

2. BASIS OF SALE

These Terms and Conditions of Business and any Special Conditions contains all of the terms and conditions pursuant to which Seller will provide the Goods and any services. The parties expressly exclude any terms and conditions which the Buyer includes in any purchase order, confirmation of order or other document. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer. The Seller’s employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.

3. ORDERS AND SPECIFICATIONS

All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.

4. PRICE, PAYMENT AND CURRENCIES

The Buyer shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent. Payment must be made by credit card at the time of placing an Order which is accepted by the Seller. We are accepting Visa, Master and American Express credit cards. Payment in full will be taken at this time and the Contract will be in force. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card details before accepting the Buyer’s Order.

5. DELIVERY

The place for delivery of the Goods will be as shown on the Order and the normal method of delivery(unless specifically agreed otherwise) shall be UPS Ground. The Seller will endeavor to process the Order and manufacture the Goods within the time period stated for each item. However, because manufacturing time varies by item of Goods, the Seller reserves the right to combine items into one shipping package or to ship items separately. Each package will be sent separately by regular rate,unless otherwise stated in the Order Confirmation. Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods however caused. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer. The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price. Goods may not be returned to the Seller except as provided in Section 7 below.

6. RISK AND PROPERTY

Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.

7. RETURNS, REFUNDS AND RIGHTS OF CANCELLATION

NO RETURNS ON CUSTOM FOOD PRODUCTS –We are not able to refund a custom made food product once it ships*. If you call to cancel your order before it ships, 50% of the order’s total will be credited to your credit card, as we begin production immediately after your order is placed and reviewed. Upon checking this box you agree to this return policy. (*unless UPS damages your order)
*UPS CLAIM –Any breakages during shipment must notify us via email with pictures of damages within 2 business days after product is received. An UPS claim will be filed on your behalf, a refund will be credited back to you upon receiving a refund from UPS. Product must be still in original shipping boxes as UPS representative may choose to examine the parcels in person.

We reserve the rightsto wrap custom message fortune cookie orders in CLEAR film if the message content is obscene.

8. LIMITATION OF LIABILITY

The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be UPS Ground. The Seller will endeavor to process the Order and manufacture the Goods within the time period stated for each item. However, because manufacturing time varies by item of Goods, the Seller reserves the right to combine items into one shipping package or to ship items separately. Each package will be sent separately by regular rate, unless otherwise stated in the Order Confirmation. Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods however caused. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer. The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price. Goods may not be returned to the Seller except as provided in Section 7 below.

9. INTELLECTUAL PROPERTY

This website is owned and operated by the Seller. Unless otherwise noted in this website, Seller owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Seller’s copyright. Additionally, the KCFCF.com website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website. The KCFCF.com logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the United States of America. Seller and its licensors maintain all of the rights in and to the graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of KCFCF.com. Seller’s trademarks and trade dress may not be used in connection with any product or service that is not Seller’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Seller. All other trademarks not owned by Seller that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seller. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website. Seller respects the intellectual property of others.
The Buyer assumes all responsibility for copyright infringement cases arising for the Buyer uploading a copyrighted work into the Seller’s website using the upload feature. The Seller is not responsible for unauthorized reproduction of copyrighted work. The Buyer must own the rights to any images, or text, they choose to use in the creation of the fortune cookie message, and message slip artwork.

10. DATA PROTECTION

Seller undertakes to process all personal data obtained by it through use of the website in accordance with its Privacy Policy and the principles provided by law. Please see the KCFCF.com Privacy Policy for more information.

11. GENERAL AND MISCELLANEOUS

Notice: Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Section). A notice served on the Seller will be addressed to 2737 Minnehaha Ave South, Minneapolis, MN 55406, and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows: if sent by personal delivery, upon delivery at the address of the relevant party; or if sent by first class post, two clear business days after the date of posting The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Section and this notification will only be effective on: the date specified as the date on which the change is to take place; or if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given. This Section will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract. Governing Law and Jurisdiction: The Contract shall be governed by and construed in accordance with the laws of the State of Minnesota. The parties irrevocably agree that the courts of the State of Minnesota have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract. Waiver: If the Seller does not exercise a right or power when it is able to do so will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner. Statutory Rights: The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law. Severability: If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated. Website Availability: Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the KCFCF.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems. Typographical Errors: Information on KCFCF.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the KCFCF.com website is accurate, complete, reliable, current, or error-free. License: Seller grants to the Buyer a personal, limited, non-exclusive, and non-transferable right to access and use the content on the KCFCF.com website solely for the purpose of purchasing Goods or other services provided through the site. All use must be in accordance with all KCFCF Policies, including the Privacy Policy. Off-Site Links: A link to a non-KCFCF.com website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Headings: All Sections and section headings are for convenience of reference only and shall not affect the interpretation of the Contract. User Registration, Eligibility and Account Activity: In registering for a KCFCF.com user name, the Buyer acknowledges and represents that he/she is an individual of at least 18 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the KCFCF.com website is accurate. Falsifying or omitting contact information such as a member’s name, address, and/or telephone number when registering with KCFCF.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, federal, state, and local laws. User Suspension and/or Termination: The Seller, in its sole discretion, may terminate the Buyer’s user registration for violating any KCFCF Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer. Seller’s Right of Removal of Materials: The Seller reserves the right at any time with or without the Buyer’s prior consent and without liability to the Buyer in that regard to delete from the KCFCF.com website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller’s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful). Buyer Indemnification of Seller: The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from the Buyer’s submissions to the Seller’s website, and/or from the Buyer’s unauthorized use of material obtained through the Seller’s website, and/or from the Buyer’s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer’s use of the Seller’s website. Seller’s Right of Change and Amendment: The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides its services under contracts with Buyers and, in consequence, to make variations and amendments to the KCFCF Policies. Buyers who use the Seller’s services on a regular basis should check the relevant links regularly before placing Orders.