general.  eatmunchies.com, a division of berg industries, inc. (“we” or “our”), provides our services to you subject to the following terms, conditions, and provisions ("terms and conditions"). by accessing, viewing, or using this site, you indicate that you understand and intend these terms and conditions to be the legal equivalent of a signed, written contract, and you accept and agree to be bound by these terms and conditions.  we reserve the right to change these terms and conditions at any time, for any reason, without notice, and your continued use of this site following modifications will be deemed to constitute acceptance of such modifications.  please be advised that we own and reserve the rights to all images, trademarks and other intellectual property. any use of the foregoing without express prior written consent shall be punishable to the full extent of the law.

18 and over. you must be at least 18 years of age to use and purchase products from our site.  by using this site and agreeing to be bound by these terms and conditions as provided above, you represent that you are at least 18 years old. if you do not agree to (or cannot comply with) any of these terms and conditions, do not attempt to access the site or purchase products.

agreement to pay. you agree to pay for all of the products that you purchase through site and eatmunchies.com may charge your credit card for any such payment(s). all charges will be billed to the credit card you designate when you make a purchase.  all prices for products within the site are subject to change by us at any time.

copyright. unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is our property or our content suppliers’ or licensees’ and is protected by united states and international copyright laws and regulations.  in addition, we own a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. except as expressly provided herein, we do not grant any express or implied right to you.  we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. the contents of this site are © 2005 eatmunchies.com. all rights reserved.

trademarks. eatmunchies.com and other names, graphics, logos, and icons identifying our products or services are our proprietary marks. all other trademarks not owned by us appearing on this site are the property of their respective owners.

license. these terms and conditions provide you with a personal, revocable, nonexclusive, nontransferable license to use this site conditioned on your continued compliance with these terms and conditions. you may use this site solely for your personal, noncommercial use, and you may download a single copy of the materials from this site only for personal, noncommercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded. except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. as a condition of your use of this site, you warrant to us, that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these terms and conditions, and you agree that this license to use the this web site will terminate immediately upon your violation of this warranty. we reserve the right to terminate access to this site and its content at any time, with or without notice, at our discretion.

limited general disclaimer. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PHOTOPGRAPHS, PRODUCTS, SERVICES AND PRODUCT WEIGHTS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. MOREOVER, WE MAY MAKE MODIFICATIONS OR CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.  WE ARE NOT RESPONSIBLE FOR AND NEED NOT HONOR TYPOGRAPHICAL, WEIGHT, PHOTOGRAPHIC OR PRICING ERRORS ON THE SITE; WE RESERVE THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH WE BELIEVE THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS THAT WE BELIEVE ARE HARMFUL TO US OR OUR AFFILIATES OR SITES OPERATING UNDER OUR CORPORATE “UMBRELLA.” WE ALSO RESERVE THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS SITE. YOU UNDERSTAND, AGREE AND ASSUME THE SOLE RISK OF USING THE SITE AND MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PHOTOGRAPHS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS SITE FOR ANY PURPOSE. EXCEPT AS SET FORTH IN THE WARRANTY POLICY STATEMENT APPLICABLE TO PRODUCTS SOLD ON OUR SITE, ALL INFORMATION, MATERIALS, PHOTOGRAPHS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"  AND WITHOUT WARRANTY BY EATMUNCHIES.COM OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "EM ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE EM ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OF NONINFRINGEMENT. THE EM ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, OR OTHERWISE. YOU WILL NOT HOLD ANY EM ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESSING THE SITE OR PURCHASING THE PRODUCTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE EM ENTITIES.

UNDER NO CIRCUMSTANCES SHALL ANY EATMUNCHIES.COM ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE EM ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE EM ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.

SHOULD ANY DOUBTS ABOUT A PRODUCT ARISE, WE ENCOURAGE YOU TO CONTACT US DIRECTLY, BY PHONE, AT (310) 559-6889 OR VIA EMAIL AT INFO@EATMUNCHIES.COM.

linked sites. this site may present links to third-party websites not owned or operated by us. we do not review materials posted, or products or services offered, on the websites to which this site is linked. we do not necessarily endorse all of the materials, products, and services available on such linked sites. we are not responsible for the availability of these sites or their contents. you agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
any decision to view the contents of any linked site is solely yours and is made at your own risk.

posting to our site any material that could be considered unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane, or that law enforcement could consider a criminal offense is strictly forbidden and may result in legal action.

submissions. we welcome your comments about your experiences shopping with us and your suggestions about how to improve this site. any comments, ideas, suggestions, information, or any other content you contribute to us or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. you represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by us will not infringe upon or violate the rights of any third party.

indemnity. you agree to indemnify, defend, and hold harmless us, our affiliates, and all of our and their employees, agents, officers, directors, distributors, partners, proprietors, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, causes of action, losses, costs, judgments and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this site and/or any breach by you of these terms and conditions, and to reimburse us and them on demand for any losses, costs or expenses we or they incur as a result thereof.

applicable law. the laws of the state of california, excluding its conflicts of law rules, govern these terms and conditions and your use of the site. you expressly agree that the courts in the state of california, los angeles county, have exclusive jurisdiction over any claim or dispute with us or relating in any way to your use of the site and the products purchased through this site. you further agree and expressly consent to personal jurisdiction over you in the federal and state courts in los angeles county, california, in connection with any such dispute including any claim involving us or our partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers. this site is controlled and operated by us, from our offices within los angeles, california. we make no representations that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. further, we make no representations that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. if you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

customer support. if you can’t find your favorite candy or wish to inquire about custom or corporate applications, please send an email to info@eatmunchies.com or call us at (310) 559-6889. we will do our best to respond in a timely fashion. please note that eatmunchies.com reserves the right to refuse and/or cancel all special orders.

eatmunchies.com prides itself on superior customer service. should you have any problems or questions regarding any order (web or phone) we encourage you to contact us immediately at the following:

p: 310.559.6889

e: info@eatmunchies.com

if special delivery needs exist please contact us at the above and we will do our best to accommodate them.
 
tax information & processing. eatmunchies.com is based in los angeles, california.  all orders will incur a tax in accordance with applicable state and federal laws.

disclosures. be aware that candy products and edibles sold by eatmunchies.com might contain or have been in contact or processed with dairy, nuts, nut oils and/or other byproducts.

shipping.

domestic orders. our products are delivered via united parcel service.  all candy ships directly from our candy warehouse located in los angeles, california.  please note that merchandise may be repackaged or delivered in boxes that may not reflect contents.   eatmunchies.com will attempt to process all orders placed prior to 12:00 pm pacific time monday through thursday for shipment the following business day and will attempt to process all orders placed prior to 12:00 pm pacific time friday for shipment the following monday.   we are not able to guarantee date of delivery and will not be able to issue refunds for orders not received within a specified deadline.   if your order is for a large quantity, there may be a delay and you will be contacted by customer service who will do their best to give an estimated time of arrival.   international orders. we currently don't accept online orders outside the continental united states. however, we will attempt to accommodate you. to arrange delivery outside the continental united states (including hawaii and alaska, as well as other international locales) call 310.559.6889 to hear about our additional rates and to arrange shipment. third party. we often ship to third party locations but ask that you be careful in providing an accurate address as united parcel service may charge a fee for incorrect addresses. please note that the purchaser may be held responsible for a fee in the event that an incorrect address is provided.   please note that the purchaser is fully responsible for all shipping charges in the event that the third party refuses shipment or merchandise is not able to be delivered due to "receiver unavailability" as determined by carrier.   weather. eatmunchies.com will not be held liable for any products damaged by extremes of temperature or other inclement weather. it is up to the purchaser to choose a shipping option that best meets the purchaser’s needs.   should specific questions arise, we strongly encourage you to contact us info@eatmunchies.com or (310) 559-6889.

return policy. whether your order is placed via the internet or phone, please familiarize yourself with the returns policy as stated below.   due to health regulations, we are not able to accept any return of merchandise.  or to say another way, all sales are final.   please note that we are not able to refund shipping costs nor are we able to issue credit for perishable merchandise damaged in transit or for products incorrectly ordered at time of purchase.   in the event that an order is received and there is a discrepancy as to a missing item, a claim must be submitted within 1 day of physical receipt as determined by united parcel service. we will compare items ordered as well as physical weight of the package and issue a store credit, if any, accordingly.   we cannot issue credit for orders not delivered on specific dates.  orders shipped by ground delivery fall within united parcel service delivery guidelines which vary from state to state.   as stated above, we cannot take responsibility for products damaged in transit due to extremes in temperature or other inclement weather, nor are we able to replace such product. if questions arise as to perishability, please contact us and we will do our best to provide guidance.   in the event that a product is received in unusable condition, for reasons other than extremes of temperature or other inclement weather, a claim must be submitted within 1 day after physical receipt of merchandise as determined by united parcel service. in the event that a claim is submitted after the stated time period, we will not be able to issue credit nor refund product.   in the event that a product is lost in transit, we are only able to issue credit for up to $50 regardless of the dollar amount of the order. all additional requests for compensation must be filed with the original carrier.   if an order is unable to be delivered due to an incorrect address as provider by purchaser and returned to eatmunchies.com, the purchaser will be responsible for the full cost of shipping as well as a 20% restocking fee.  this applies to orders that are being shipped to regular and third party recipients.   in the event that a package is lost due to an incorrect address provided by purchaser we will not be able to issue refunds for products damaged, lost or stolen.

miscellaneous. in the event that any provision contained in these terms and conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these terms and conditions will remain in full force and effect.  no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and conditions or your use of this site. the waiver by us of one breach or default under these terms and conditions shall not constitute the waiver of any subsequent or other breach or default. we reserve the right to change the content of this site at any time without notice.