This website is owned and operated by David Lancette & The Evil Cookie Company. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors quality homemade baked goods and various other merchandise. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our good and services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services and for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the purchase of any monthly subscription product or services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

We do not accept returns or issue refunds on any product unless you received the incorrect item at the fault of The Evil Cookie Company. Incorrectly ordered items or purchase errors made by the consumer are not eligible for return or refund. It is the sole responsibility of the consumer to review any order before placing the order and entering into the agreement to purchase goods or services from David Lancette & The Evil Cookie Company.

The Evil Cookie Company carefully packages all of our products to get them to you safely when shipping is required. However, while our cookies leave us in perfect condition, they may not always reach their destination the same way. If you do experience some breakage during shipping, it will not affect the quality of the cookies and unfortunately we cannot accept returns or offer refunds based on broken cookies.  We do not use any preservatives in our baked goods and therefore should be enjoyed or frozen soon after receiving. Cookies will stay fresh in the freezer for at least 2 months in an airtight container. However, storing your baked goods in any way is the sole responsibility of the purchaser and we make no claims as to the quality of the product after storing has occurred. 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of David Lancette & The Evil Cookie Company. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

You recognize that by purchasing any food item from David Lancette & The Evil Cookie Company that you are purchasing food items from a non-commercial kitchen. All of our baked goods are made with the same tools and equipment. We offer no assurances that any of our equipment or products are free from such allergens as nuts, dairy, wheat or any other ingredient used in making any of our products. Ingredients can be reviewed on our website Evilcookieco.com/ingredients and are updated as needed but are not included with the purchase of product. You agree to indemnify and hold David Lancette & The Evil Cookie Company harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), for food borne illness or injury resulting from any product made by The Evil Cookie Company. The Evil Cookie Company follows safe and clean work practices.

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

You agree to indemnify and hold David Lancette harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services or goods offered on the website.

To the maximum extent permitted by applicable law, in no event shall David Lancette, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service or goods.

To the maximum extent permitted by applicable law, David Lancette assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States / New York, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Hudson Falls, NY 12839. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.