Terms of Sale
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Last Updated: December 29, 2015

PLEASE READ THESE TERMS OF SALE ("TERMS") CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY PRODUCTS FROM MARTHA STEWART LIVING OMNIMEDIA, INC. THROUGH ITS WEBSITE, LOCATED AT WWW.MARTHASTEWARTCAFE.COM ("SITE"), EXCEPT TO THE EXTENT THAT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH MARTHA STEWART LIVING OMNIMEDIA, INC. (“MSLO”) THAT SUPERSEDES SOME OR ALL OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN MSLO'S SOLE DISCRETION. BY PLACING AN ORDER FOR PRODUCTS THROUGH THE SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS IN ADDITION TO MSLO'S TERMS OF USE. 

Acceptance of Order

Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order in line for shipment. 

Pricing and Availability

All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. 

Payment Terms

MSLO currently accepts all major credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically. Products purchased by you are for personal or gift use and not for commercial use.

Promotional Codes

We may offer promotional or coupon codes from time to time. Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.

Gift Cards

I.    General Terms
Gift Cards may be used at the Café, located in the lobby of 601 West 26th Street, New York, NY 10001 or online at www.marthastewart.com.  The Gift Cards are not debit or credit cards, and therefore are not reloadable, and only valid for the amount initially set at the time of purchase.  For any questions or additional information about the Café’s Gift Card policies please call us Toll Free at (800)-823-8656.

II.    Sales
Gift Cards may be purchased at our Café or online at www.marthastewartcafe.com.  You may purchase Gift Cards using credit cards or cash.  Gift Cards may be purchased for any amount between US$5 and US$500.  All Gift Card purchases are final and non-refundable.  The Café does not charge any fees for the issuance or activation of your Gift Card.                                                                                                                                                                                                                                                                                                                                                  
III.    Redemption
Gift Cards are redeemable for eligible items sold either at the Café or online.  If the purchase made on the gift card is less than the balance on the Gift Card, the remaining balance will be available for future purchases.  If the purchase is of higher value than the balance on the Gift Card, the purchaser will be required to pay the difference using an alternate method of payment in order to complete the purchase.  No fees will be imposed on transactions involving Gift Cards.
 
IV.    Stolen, Lost or Destroyed
If a Gift Card is lost or stolen please call us at (800)-823-8656 to report it.  The Café is not obligated to replace any lost, stolen or damaged Gift Cards.
 
V.    Limitations
Gift Cards cannot be used to purchase additional gift cards.  Gift Cards cannot be reloaded, resold, transferred for value, or redeemed for their cash value unless required by certain state laws.
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation to via websites, internet advertisements, e-mail, telemarketing, direct mail, newspapers and magazines, and radio and television broadcasts) unless you obtain prior written approval from the Café and/or Martha Stewart Living Omnimedia, Inc. (“MSLO”).  Such approval shall be conditioned on, among other things, execution and compliance with MSLO’s standard license agreement.            
VI.    Expiration
The Café’s Gift Cards do not expire and no fees will be charged for any unused Gift Card balances.
If our records show that you have not used the Gift Card within a time period set by state law, the amount remaining on the Gift Card will become unclaimed property subject to escheat under state unclaimed property laws.  If the amount remaining on the Gift Card becomes unclaimed property subject to a state unclaimed property law, we will be required to escheat the available balance to the state in an amount and at the time required by the state law.  At that time, you will lose the ability to use the Gift Card.  If escheat occurs, you may inquire about the status of the Gift Card funds by calling Toll Free at (800)-823-8656.

VII.    Warranties
SQUARE, INC., THE CAFÉ AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IF A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.  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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

VIII.    Miscellaneous
The Café’s Gift Cards are provided by Square, Inc.  By purchasing these Gift Cards you are agreeing that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. 
The Café respects our members’ privacy and does not share your personal information with third parties, except as noted in our Privacy Policy.  

Shipping Terms and Policies

We endeavor to ship all orders for in-stock items within two business day. Our standard business hours are Monday through Friday, 9 a.m. to 6 p.m. Eastern Time. Standard shipping is typically via UPS and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. If expedited shipping is required, please select that as your shipping choice.  All expedited orders must be placed by 5p.m. Eastern Time to ensure your package is delivered on the requested date.  You will be responsible for all expedited shipping costs. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. 

All shipping charges are your responsibility, unless waived by MSLO. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.

All orders are shipped FOB shipping point. Title to products passes from MSLO to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.  If you are ordering Kettle Corn Cashew Brittle, Milk Chocolate and Salted Caramel Bark, Peanut Brittle, Pecan Nut Clusters, Peppermint Bark or Toffee Bark, if you are shipping west of the Mississippi, we strongly recommend that you choose an Expedited Shipping Option such as 2-Day Shipping or Overnight Delivery.

Back Orders

If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship any other merchandise you ordered immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges. 

Return and Exchange Policies

1.    The following items can be returned: Clothing and coffee accessories and equipment

•    Returned items must be unworn, unaltered, unwashed and undamaged
•    All return items should be in their original packaging with all tags attached
•    All returns must be completed within 30 days of the shipped date

2.    The following items are final sale and non-refundable: Coffee and tea products. 

3.    What do I do if my order is incomplete, incorrect or damaged?

If your order is incomplete, incorrect, or damaged, please contact us or call us toll free at (800)823-8656 within 1 week of receiving your order. Our Customer Service hours are Monday-Friday 9:00a.m. to 6:00p.m. ET, closed Saturday and Sunday and holidays. 

4.    Can I exchange an item?

WE DO NOT ACCEPT EXCHANGES.  If you need a different size or item, please ship the merchandise back for a refund and you may place a new order at any time.

Please refer to “Returns and Credits” below for further details on our return policy.

If you need further assistance, please contact us or call us at (800)823-8656.

5.    Returns and Credits:

If you would like to return an eligible item: 
1.    Click here to complete a return form.  
2.    You will receive an e-mail with a prepaid UPS shipping label and instructions on how to complete your return.  
3.    Print out the e-mail confirmation and prepaid UPS shipping label.
4.    Include the e-mail confirmation in your package prior to shipping it back to us.
5.    Affix the prepaid UPS shipping label to the outside of the box. 
6.    Drop off your package at a UPS location that is convenient for you.  Search for UPS locations near you by going to UPS.com or
        schedule a UPS pick up here.  Please keep the tracking details for your records.

Returns will be processed within 1-5 business days from the date we receive your package.  You will receive a refund in your original form of payment.

If you have trouble filling out the return form or need further assistance, please contact us or call us at (800)823-8656.

6.    Our Customer Service hours are Monday – Friday, 9:00a.m. to 6:00p.m. ET, closed Saturday and Sunday and holidays. You
       may also reach us by email at marthastewartcafe@marthastewart.com 

7.    Return your package to:
       Martha Stewart Café Returns Department
       601 West 26th Street 9th Floor
       New York, NY 10001

Privacy
Please refer to our Privacy Policy for information about how MSLO collects, uses and discloses personal information from users of the Site. 

Errors

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by MSLO is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund. 

Limitation of Liability

MSLO WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, MSLO'S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

Warranties

MSLO products may be returned or exchanged in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM MSLO RELATING TO THE PRODUCTS YOU PURCHASE. MSLO MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY MSLO "AS IS" AND WITHOUT WARRANTY OF ANY KIND. 

Governing Law; Venue

These Terms and your purchase of products from MSLO through the Site shall be governed and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in New York County, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.