DEFINITIONS

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements: “Customer”, “Client”, “You” and “Your” refers to you, the person accessing this website and accepting The Dirty Dozen terms and conditions. “The Dirty Dozen”, “TDD”, “Ourselves”, “We” and “Us”, refers to The Dirty Dozen. “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 The Dirty Dozen stated services/products, in accordance with and subject to, prevailing Canadian 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.

 

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TERMS AND CONDITIONS

 

GENERAL

Our store is hosted on Wix.com LTD. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Use of www.thedirtydozen.ca and its contents, all transactions arising from use of www.thedirtydozen.ca, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Canada and the province of Ontario, without giving effect to any principles of conflict of laws. 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 Canadian courts 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 The Dirty Dozen 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 authorised representatives of The Dirty Dozen. 

 

These terms and conditions serve as the contract between the Customer and The Dirty Dozen. By accepting this agreement and paying a deposit, you agree to be subject to these Terms and Conditions. By using The Dirty Dozen service, you agree to be bound by these Terms and Conditions. We reserve the right to refuse the sale of goods or services or to cancel an order under certain circumstances.

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

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NOTIFICATION OF CHANGES

The Dirty Dozen 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.

 

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ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

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MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

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PAYMENT AND DEPOSITS

All sales are final. All payments are non-refundable. Store credit can only be issued by The Dirty Dozen. Any refund or store credit requests must be submitted in writing via email to hello@thedirtydozen.ca. The Dirty Dozen has 14 days to review this request and determine an outcome. The outcome will be sent the email address of the requester. The initial deposit for custom ordered cookies reserves your event date and is non-refundable. When we take your event order, we begin the process of declining other orders. As we get closer and closer to your event date, the chances of re-booking your date are greatly reduced. Reservation deposits should be received within 72 hours of invoice receipt. The remaining balance is due, in full, one week prior to pickup - the date will be specified in the invoice.  A 15% late fee will be charged each day the final payment is late. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

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CANCELLATIONS

Any cancellations for custom cookie orders must be made two weeks prior to the agreed upon event date. Cancellations for holiday sets or custom cookie cutters must be made 72 hours in advance in writing and will result in a Store Credit ONLY. 

 

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CUSTOM COOKIE ORDERS

When ordering 15 days or more in advance, a 50% non-refundable deposit is required to confirm your reservation. Final payment is due fourteen (14) days prior to the event date. If this order has been placed within 14 days of the event date, the order will be considered as a RUSH ORDER and will be subjected to a $10 rush fee; payment in full is required to confirm your reservation. If the event is postponed for any reason, please submit the new event date no later than 75 days prior to the event. The deposit will be transferred to the new date and the remaining balance will be required on the new set date for payment. The first payment is due on the ORIGINAL due date. The second payment is due fourteen (14) days prior to the NEW event date.  Any subsequent rescheduling will incur a $50 rescheduling fee for each occurrence.  A 15% late fee will be charged each day any of the aforementioned payments are late.

 

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CHANGES

The final date of any changes for the size, flavour, style, etc. of the cookies are due 30 days prior to the event. Any changes after this date cannot be guaranteed and may be subject to additional charges. All changes to existing orders must be submitted in writing through email only. Changes communicated via phone, social media messaging, text, etc. will not be honoured. Seasonal items may incur an additional charge or may be substituted if unavailable.

 

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VARIATIONS IN DESIGN

While The Dirty Dozen makes every effort to provide exactly the flavour, filling, decoration, size, colour, shape, and design discussed during consultations, creating sugar cookies is an art form and may be subject to variations. If the customer supplies an image or likeness to be created, The Dirty Dozen will make every attempt to make the item as close to the likeness as possible. In the event that the product requires equipment or ingredients that cannot be obtained within the time allotted (exotic flavours, molds, shapes, stamps, texture, additional novelty such as glitter), the closest resemblance available will be used to complete the product. Color matching is not a precise science and different sugar substrates take colour differently. The Dirty Dozen will do everything possible to make substrates match to each other and to match provided colour swatches, but sometimes it is not possible to make a 100% perfect colour match and some colours are just not achievable using food grade dyes. The Dirty Dozen cannot match a “verbal” colour or a colour sent via electronic device, as all monitors display colour differently. To attempt a colour match, you must provide a colour swatch 14 days in advance of the event.

 

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USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

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RIGHTS AND WAIVERS

The Dirty Dozen reserves the right to take photos of the product for display or promotion without the customer's consent, or providing compensation to the customer. The customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The Dirty Dozen is not responsible for any damage to the cookies after delivery/pick-up is complete. It is the customer’s sole responsibility to maintain the cookies’ integrity in a cool and shaded climate-controlled environment. If the customer elects to pick up the cookies, the customer is responsible for the cookies as soon as it leaves The Dirty Dozen's premises. Upon visual inspection of cookies and its departure from the premises, the customer approves the cookies’ visual appearance and waives any rights to a refund based on the style, design or visual appearance of the cookies. The Dirty Dozen will endeavour to perform its services in a professional manner and provide the best customer experience possible. In the event that our products or services do not meet our high standards, or the client is dissatisfied, we may--at our discretion--provide the amount paid for those products and services in the form of store credit. The Dirty Dozen's total liability is hereby limited to amounts paid to The Dirty Dozen for its goods and services. The Dirty Dozen will not be liable for any special, incidental, punitive, or consequential damages, whether foreseen or unforeseen, regardless of whether liability is based on breach of contract, breach of express or implied warranty, negligence, strict liability, tort, or otherwise. 

Only items, actions and dessert details explicitly listed in the invoice are guaranteed by The Dirty Dozen.

 

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FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, government shut-down order, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, pandemic, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

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DISPUTES AND GRIEVANCES

All disputes and grievances concerning service rendered or products provided must be submitted in writing via email within 7 days of the date of service. All food sales are final. All payments are non-refundable. Any compensation provided in response to a dispute or grievance will be in the form of store credit only. The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within thirty (30) days from the date on which either Party has served written notice on the other of the dispute, then the remaining provisions of this clause shall apply.

Arbitration: In the event of a dispute between the Owner and the Operator (other than a matter to be resolved pursuant to this clause) concerning the interpretation of any provision of this agreement or the performance of any of the terms of this Agreement, such matter or matters in dispute shall be finally settled: 

a. The laws of the Province of Ontario and the federal laws of Canada applicable in such province shall govern these Terms, without reference to its choice of law rules. Subject to the terms of this section 12, including with respect to arbitration, to the extent any claims between you and The Dirty Dozen must be determined in a court of law, you and The Dirty Dozen hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom;

b. You and The Dirty Dozen agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms;

c. You and The Dirty Dozen agree, except where prohibited by applicable law, that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding;

d. You and The Dirty Dozen agree, except where prohibited by applicable law, that all claims will be resolved by binding arbitration in the manner specified in Section 12 and that You and The Dirty Dozen waive any right to bring such claims before any court of law. Right that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration;

e. Any controversy or claim arising under or related to these Terms and Conditions and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of these Terms relating to arbitration (collectively, “Covered Disputes“) shall be settled by binding arbitration in accordance with the Arbitration Act, 1991 (Ontario) (the “Arbitration Act“). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, Ontario, and judgment on the arbitration award may be entered by any court of competent jurisdiction. To the maximum extent permitted by applicable law, the Parties hereby authorize and empower the arbitrator to grant interim measures, including but not limited to injunctions, specific performance, or other equitable relief (which, without limitation, may be part of the final arbitral decision or award), in appropriate circumstances. These interim measures and other remedies may be immediately enforced by court order;

f. A single arbitrator will be selected in accordance with the Arbitration Act. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential;

g. If any provision of the agreement to arbitrate in this Section 12 is found unenforceable or otherwise prohibited by applicable law, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.

The determination of the arbitration entity is final and cannot be disputed further.  

Performance of this Agreement shall continue during arbitration proceedings or any other dispute resolution mechanism pursuant to this clause. No payment due or payable by the Owner or the Operator shall be withheld on account of a pending reference to arbitration or other dispute resolution mechanism except to the extent that such payment is the subject of such dispute.

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PRIVACY STATEMENT

We are committed to protecting your privacy. Authorized employees within The Dirty Dozen on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The Canadian Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. See more in our Privacy Policy.

 

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CONFIDENTIALITY

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities or required to help improve our products and customer service, and to provide an enhanced and more personalized shopping experience. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by The Dirty Dozen will only be in connection with the provision of agreed services and products. See more in our Privacy Policy.

 

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DISCLAIMER

Exclusions, Limitations and Liabilities

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. To the fullest extent permitted by law, The Dirty Dozen:

• excludes all representations and warranties relating to this website/applications 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 The Dirty Dozen’s literature; 

• and excludes all liability for damages arising out of or in connection with your use of this website/application. 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 The Dirty Dozen 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.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

 

Please be advised that baked goods may contain or come into contact with common allergens, such as dairy, eggs, wheat, soybeans, tree nuts, peanuts or wheat. While we take steps to minimize risk and safely handle the foods that contain potential allergens, please be advised that cross contamination may occur, as factors beyond our reasonable control may alter the formulations of the food we serve, or manufacturers may change their formulations without our knowledge. The customer agrees to notify their guests of this risks and hold us harmless for allergic reactions. The Dirty Dozen and its owners will not assume any liability for adverse reactions to foods consumed. The customer is responsible for notifying The Dirty Dozen of any dietary restrictions prior to placing an order. 

 

In no case shall The Dirty Dozen, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

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Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Dirty Dozen will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

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COPYRIGHT NOTICE

All Site content is Copyright © 2023 The Dirty Dozen. All rights reserved. Copyright and other relevant intellectual property rights exists on all text relating to The Dirty Dozen’s services and the full content of this website.

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CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at hello@thedirtydozen.ca.