Our Policies

Terms of Use

Last modified: August 1, 2018
Acceptance of Terms of Use

These Terms of Use are entered into by and between You and Shyndigz LLC ("Shyndigz" or "we" or “our”) and govern Your access to and use of www.shyndigz.com, including any content, functionality and services offered on or through www.shyndigz.com (the “Website”) and the Shyndigz Online Order Application, order.shyndigz.com (the “App”), including any content, functionality and services offered on or through it, whether as a guest or a registered user.

Please read the Terms of Use carefully before You use the Website, our App or order any products online. By placing Your order, You agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.Shyndigz.com/Privacy, incorporated herein by reference. If You do not agree to these Terms of Use or the Privacy Policy, do not access the Website, our App or place any online orders.

YOU MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND USE THE WEBSITE AND APP. The Website and App are not targeted towards, nor are they intended to be used by anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website or App under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Online Ordering

Shyndigz offers a limited selection of cakes and pies for online ordering through the Website and App. We require at least 48 hours’ notice for all bakery orders. All cakes ordered with a message written on top will include a border of sprinkles unless otherwise specified.

Online orders are not confirmed unless and until You are contacted by a Shyndigz staff member either by email or phone. Please note that an email thanking You for Your order is not a confirmation email. Confirmation orders may go to Your spam folder; if You have not heard from us, please check there first.

Local Pickup

Orders will be available for pick up on the date specified in Your confirmation email during the following hours at Shyndigz Market & 2go Café (1831 West Cary Street):

Tuesdays 10:00am - 7:30 p.m.

Wednesdays 2pm - 10:30 p.m.

Thursdays 2pm - 10:30 p.m.

Fridays 2pm - 10:30 p.m.

Saturdays 2pm - 10:30 p.m.

Sundays 10:00am - 7:30 p.m.

Cake orders cannot be picked up at the Shyndigz Cafe.

Refunds

If you are unhappy with your order and/or purchase, please notify us immediately (within twenty- four (24) hours of pick-up or delivery). If possible, we will correct Your order and may, at our discretion, provide a refund or credit.

Dietary Restrictions and Allergies

All Shyndigz products are made with dairy and cannot be ordered dairy-free or vegan. Our products may contain or have traces of nuts, nut oils and gluten or may have been made alongside other products containing nuts, nut oils and gluten. Shyndigz cannot be held responsible for any issues resulting from food allergies.

Changes to the Terms of Use

From time to time, we may revise and update these Terms of Use. All changes are effective immediately when we post them and apply to all access to and use of the Website and App thereafter. Your continued use of the Website or App following the posting of revised Terms of Use means that You accept and agree to the changes.

Accessing the Website and App

We reserve the right to withdraw or amend the Website and App, and any service or product we provide through the Website and App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.

To access the Website, App or some of the resources they offer, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website and App that all the information You provide on the Website and App are correct, current and complete. You agree all information You provide to register with the Website, App or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy www.shyndigz.com/Privacy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Website, App or portions of them using Your user name, password or other security information. You agree to notify Shyndigz immediately of any unauthorized access to or use of Your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by You or provided by Shyndigz, at any time if, in our opinion, You have violated any provision of these Terms of Use.

Website Users

Shyndigz provides access to the Website for two types of users: Visitors and Registered Users. Visitors are individuals who do not register with the website but want to (i) view all publicly- available content on the Websites; and (ii) email Shyndigz. No log in is required for Visitors. Registered Users are individuals who have created a username and password for the Website and/or have placed an online order for one of Shyndigz’ products. Registered Users may (i) purchase products from Shyndigz; (ii) create, access, manage, and update their own personal accounts on the Website; and (iii) access and review the status of current and past orders.

App Users

Shyndigz provides access to the App for Registered Users. Registered Users are individuals who have created a username and password for the App. Registered Users may (i) purchase products from Shyndigz; (ii) create, access, manage, and update their own personal accounts on the App; and (iii) access and review the status of current and past orders.

Intellectual Property Rights

The Website, App and the entire content, features and functionality are owned by Shyndigz, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Trademarks

The Shyndigz name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Shyndigz or its affiliates or licensors. You must not use such marks without the prior written permission of Shyndigz. All other names, logos, product and service names, designs and slogans on the Website and App are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and App only for lawful purposes and in accordance with these Terms of Use. All other uses are strictly prohibited. Further, You agree not to use the Website or App in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

Disclaimer

The information presented on or through the Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website or App, or by anyone who may be informed of any of its contents.

Changes to the Website or App

We may update the content on the Website and App from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Website or App may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website or Use of App

All information we collect on the Website or through the App is subject to our Privacy Policy Shyndigz.com/Privacy. By using the Website or App, You consent to all actions taken by Shyndigz with respect to Your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the Website and App is based in the state of Virginia in the United States. We make no claims that the Website, App or any of the content is accessible or appropriate outside of the United States. Access to the Website or App may not be legal by certain persons or in certain countries. If You access the Website or App from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

SHYNDIGZ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL SHYNDIGZ, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to the Website, App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Website or App shall be instituted exclusively in the state courts of the Commonwealth of Virginia, located in the County of Henrico. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Waiver and Severability

No waiver by Shyndigz of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shyndigz to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and Shyndigz with respect to the Website and App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and App.

Your Comments and Concerns

The Website and App are owned and operated by Shyndigz LLC. All feedback, comments, requests for technical support and other communications relating to the Website or App should be directed to: help@shyndigz.com.