Terms & Usage

Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting Marquesas CAROL’S terms and conditions. “Marquesas CAROL’S”, “Ourselves”, “We” and “Us”, refers to Marquesas CAROL’S. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of Marquesas CAROL’S stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Notification of Changes
Marquesas CAROL’S reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Payment
All major Credit/Debit Cards and gift certificates are all acceptable methods of payment. All goods remain the property of Marquesas CAROL’S until paid for in full. Marquesas CAROL’S collects and remits sales tax as required by U.S. law, for transactions on SweetHutBakery.com.

Cancellation Policy
Maximum 15 minutes notice of cancellation required. Notification for instance, via email, phone call, or any other means will be accepted subject to confirmation in writing.

Termination of Agreements and Refunds Policy
Subject to the 15 Minutes notice of cancellation set forth above, both the Customer and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability
Unless otherwise stated, the products featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Marquesas CAROL’S. Marquesas CAROL’S does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify Marquesas CAROL’S, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Marquesas CAROL’S literature or via the Marquesas CAROL’S’s stated telephone or facsimile.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Except as otherwise stated in this Agreement, the services provided by Marquesas CAROL’S are subject to the Privacy Policy. If you do not agree with our Privacy Policy, you may not use this website.

General
The laws of United States govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the courts in Miami Dade County, Florida in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Marquesas CAROL’S to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Marquesas CAROL’S.

Disclaimer
Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Marquesas CAROL’S:

  • Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Marquesas CAROL’S’s literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Marquesas CAROL’S of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Marquesas CAROL’S does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Copyright Notice 
Copyright and other relevant intellectual property rights exists on all text relating Marquesas CAROL’S’s services and the full content of this website. Marquesas CAROL’S’s logo is a registered trademark of Marquesas CAROL’S in the United States and other countries. The brand names and specific services of Marquesas CAROL’S featured on this web site are trademarked.

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT APPLICABLE EVERY TIME YOU USE THIS WEBSITE.

These terms and conditions form part of the Agreement between the Customer and ourselves. You accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

General terms and conditions of business for online ordering

These Terms and Conditions apply when ordering online from:

Marquesas Carol’s

Address: 250 nw 24 st, miami 33127, Florida, United States

Public phone: +1 786 238 7103

Menu currency: USD

(hereinafter referred to as the “Restaurant” or “We” or “Us”)
These Terms and Conditions apply to you as a client for online ordering (hereinafter referred to as “you” or the“user” or the “client”)

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS AND/OR USE THE ONLINE ORDERING (HEREINAFTER NAMED “ONLINE ORDERING APPLICATION”). ACCESS AND/OR USE OF THE ONLINE ORDERING BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Subject to applicable legal regulations in force, We may, in our discretion, from time to time amend or otherwise modify the Terms and Conditions of Use. We recommend that You carefully read, each time you order online, the Terms and Conditions as they may affect your rights.

These Terms and Conditions describe the general online ordering terms and conditions between Us and You and different rights and obligations of the Parties.

For the sake of clarity, these Terms and Conditions apply (also) in case of online ordering through the application (hereinafter referred to as the “online ordering application” or the “application“; the applications is the online ordering application used by the Client to place its order for different products and/or services (hereinafter referred to as the “products” and/or “services”).

The online ordering application is owned and operated by the licensor of the license agreement regarding the use of the application in order to order online.
Without affecting the generality of the present Terms and Conditions and for the sake of clarity You must also respect the license agreement regarding the use of the application in order to order online.

The Restaurant shall make all the necessary diligences to ensure that the information in relation with the online ordering is accurate and reliable. However, this cannot be infallible and errors may sometimes occur. You should take appropriate steps to verify all information in relation with the online ordering before using it. To the maximum extent permitted according to the applicable law, the Restaurant disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to the online ordering, including without limitation the availability of the online ordering application.

The Restaurant may from time to time revise the information in relation with the online ordering application and/or process and reserves the right to make such changes without any obligation to notify any past, current or prospective clients. In no event shall the Restaurant be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein and/or in relation with the online ordering process.

By ordering online, you acknowledge and agree that the use of the online ordering application and/or processes at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of the online ordering application and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.

The online ordering application and/or process may include content, information or links to third parties or third party sites. The Restaurant is not responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at the user’s own risk and the Restaurant makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this ordering online application. You agree to hold harmless and relieve the Restaurant from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

Except otherwise expressly mentioned, all the information in relation with the online ordering application (including without limitation the images, buttons and text) are property and/or available with the permission of the licensor of the license agreement regarding the use of the application in order to order online and holds usage rights over them and, may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without its prior written permission.

The content referring to specific products (e.g. food items), arrangement and texts layout of the online ordering application and/or process, the trademarks, and any other content, are proprietary and are protected according with the legal regulations in force and cannot be used in any way without the express written permission of the Restaurant.
The Client does not obtain any license or right regarding the information in relation with the online ordering and/or application.

If you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. You must keep your data confidential and must not disclose it to anyone. The Restaurant reserves the right to suspend the use of the online ordering application and/or process if you breach the Terms and Conditions.

You acknowledge and agree that all orders are treated as an express intention to purchase the nominated products and/or services for the agreed online prices and We treat this as an binding offer from you to purchase such products and services. Any variations must be in writing, otherwise they will not be binding on either party.

The acceptance of any order for any of the products and/or services shall be at the entire discretion of the Restaurant. Our acceptance of an order may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your order.

The Restaurant reserves the right to refuse any service, terminate your access to the online ordering application and/or process, remove or edit any content or accept your order/s in its sole discretion and without prior notice to you.
The Restaurant’s online ordering application must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.

Any products and/or services provided through the online ordering application are done so on an “as is” and “if available” basis and the Restaurant expressly excludes any warranties, conditions, representations or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.

The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. The Restaurant is not liable in any way if the description of products is not complete.

Delivery orders are also subject to: i)Your address falling in the defined delivery area of the Restaurant; ii)Availability of the restaurant being online for accepting online orders; iii) Your Order may be subject to a minimum amount per order;
You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The Restaurant may provide no refunds to the orders paid online. Contact Us directly to settle any payment dispute or refund claim.

You may be automatically directed to an online listing referring to Your nearby Restaurant service location. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from location to location. In addition, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.

The online order once placed cannot be modified or cancelled either through the website or offline by calling the restaurant. Anyhow, if you wish to cancel or complain about your order, please call your local restaurant service location, details of which will be included in the confirmatory e-mail sent to you upon placing your order and We can see how we can help you.

We will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.

The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products to be delivered, the Restaurant will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.

Risk in the Products shall pass to the Client on delivery. Any software service/software is used and/or downloaded at your own risk. If you are in any doubt as to the suitability of the software service/software to be used and/or downloaded for your computer it is recommended that you obtain specialist advice before using and/or downloading it.

You are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities in relation with the online ordering (application).

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses, which shall continue to be in force and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.

This Terms and Conditions do not affect your statutory rights.

The Restaurant trademarks, as well as the related trademarks of others and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of the Restaurant.

To the fullest extent permitted by law, the Restaurant excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time; any circumstances over which the Restaurant had no control of the consequences and which the Restaurant could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Client or others. In any event, the Restaurant’s liability to the Client shall not exceed the total price charged for the relevant products/and or services.

This terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Restaurant is headquartered and the Restaurant and any dispute arising out of or in connection with these shall be settled by the competent courts from the headquarter of the Restaurant, excluding the possibility of reference to conflict of laws.