Terms of Service

Shopping with us

These terms govern purchases from the Samar’s Delights website. Our Refunds & Cancellations policy is part of these terms. Our Privacy Policy explains how we handle personal information. Please review these policies before continuing to payment.

You must be legally able to make a purchase and authorized to use your payment method. Provide accurate order, contact, and delivery details. If you spot a mistake, contact us as soon as possible at samarsdelights@gmail.com.

Orders, prices & payment

Prices are in U.S. dollars. Review your products, quantities, flavor selections, fulfillment method, and the total shown before completing payment. Shipping and any applicable taxes or other charges are disclosed before the final payment step.

Payment is handled through Stripe. An order is not paid simply because you open or leave the payment page. Keep your order confirmation for your records. If an item becomes unavailable or we cannot fulfill your order, we will contact you and provide any refund required by law. We will not charge a higher price or substitute a materially different product without your agreement.

Prices and availability may change for future orders. An update to the website does not change the agreed price of an order you have already placed.

Handmade products & ingredients

Our baked goods are handmade. Appearance, color, shape, and decoration can vary from the photographs. Product descriptions and the choices confirmed with your order describe what you are buying.

Review each selected product’s ingredient and allergen information before ordering, including each flavor in an assortment. Contact us before purchase if you have an allergy or dietary question; an order note alone does not confirm that we can accommodate it. Do not assume that an item is free of an allergen unless we have expressly confirmed the relevant information.

Shipping & local pickup

Current shipping fees, eligibility, dispatch information, and pickup instructions appear on our Shipping & Pickup page and during checkout. Products marked pickup only cannot be shipped. For pickup orders, wait for our ready message and confirmed collection details before visiting.

Carrier transit times are estimates unless we expressly agree otherwise. Enter a complete, accurate address and arrange prompt collection and appropriate storage of perishable goods. Tell us promptly about a missing, damaged, incorrect, or delayed order so we can review it.

If we cannot ship within the timeframe we promised, we will give the delay notice, cancellation option, and refund required by applicable law. If we cannot fulfill an order, we will refund the unfulfilled portion as required, without a cancellation fee. We do not treat carrier involvement as a waiver of your legal rights.

Returns, problems & cancellations

Baked goods are final sale and cannot be returned. Customer-requested cancellations we accept carry a 10% fee on the canceled products’ price after discounts, excluding tax and shipping. Refunds required by law are unaffected.

If something is wrong with your order, email us with your order number, a description, and helpful photos of the product and packaging. We review concerns individually and work with customers toward an appropriate solution. The full Refunds & Cancellations policy explains the process and exceptions.

Accounts & responsible use

An account is optional for shopping. Keep your account credentials secure and contact us if you suspect unauthorized access. Do not use the site for fraud, attempt to access another person’s information, or interfere with the store’s operation.

Website content, photographs, and branding belong to Samar’s Delights or their respective owners. You may use the site for personal shopping; other use of protected content requires permission or another lawful basis.

Service Disclaimers and Limitations of Liability

The website and its online features are offered on an “as available” basis. We do not guarantee continuous availability, error-free operation, or compatibility with every device.

To the fullest extent permitted by applicable law, Samar’s Delights and its owners, employees, and authorized agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost opportunities, or loss of data, arising from the website, products, orders, or related services.

Subject to the exceptions below, our combined liability for a claim or related series of claims will not exceed the greater of $100 or the amount paid for the products giving rise to the claim. These limitations apply regardless of whether a claim is based on contract, ordinary negligence, or another legal theory, and even if the possibility of the loss was foreseeable.

We do not guarantee the performance of independent hosting companies, payment processors, email providers, or carriers. Their involvement does not, however, remove any responsibility the law places on us.

These limitations do not apply to fraud, intentional misconduct, gross negligence, death or personal injury caused by our acts or omissions, or liability, statutory remedies, product warranties, refunds, or other rights that cannot lawfully be excluded or limited.

Binding Individual Arbitration and Class-Action Waiver

You and Samar’s Delights agree to binding individual arbitration of covered disputes and waive jury trials and participation in class actions for those disputes, subject to the exceptions in this section.

Covered disputes. This agreement applies mutually to disputes arising from or relating to your use of our website, purchases, products, payments, delivery, pickup, customer communications, privacy, data security, or these Terms. It covers claims against our owners, employees, and agents when acting for Samar’s Delights. It applies to conduct occurring after you accept this agreement.

Informal resolution. Before beginning arbitration, the party raising the dispute must send a written notice identifying the issue, relevant order information, and requested resolution. Notices to us should be emailed to samarsdelights@gmail.com, with “Notice of Dispute” in the subject. We will send notices to your provided contact address. Both parties will have 30 days to attempt resolution. Applicable filing deadlines will be paused during this period to the extent legally permitted; neither party must miss a deadline to preserve a claim.

Arbitration process. Unresolved covered disputes will be administered by the American Arbitration Association (“AAA”) before one neutral arbitrator under its applicable Consumer Arbitration Rules. Rules and filing instructions are available at adr.org. The Federal Arbitration Act governs this arbitration agreement.

Proceedings may occur through documents, telephone, or video as permitted by the rules. Any necessary in-person hearing will take place at a reasonably convenient location consistent with AAA requirements. Costs will be allocated under the applicable consumer rules and law, and we will pay the charges assigned to the business.

The arbitrator may award remedies available under applicable law, including statutory remedies and attorney’s fees where authorized. The award may be enforced in a court with jurisdiction.

Individual proceedings. To the extent legally permitted, neither party may pursue covered disputes as a class or representative action, and the arbitrator may not conduct class arbitration. This provision does not eliminate relief or rights that applicable law makes nonwaivable.

Exceptions. Either party may bring an eligible individual claim in small-claims court. Nothing prevents complaints to government agencies, cooperation with regulators, legally protected public-injunction requests, or claims that the law prohibits requiring a consumer to arbitrate. Either party may request temporary court relief needed to preserve rights while arbitration proceeds.

Acceptance and prior agreements. Subject to the exceptions above, arbitration is a required part of these Terms. This version does not grant a new contractual right to opt out of arbitration. Any opt-out right already granted under a previously accepted version, including an unexpired period for exercising that right, remains available on the terms originally granted. A timely, valid prior opt-out is not revoked by accepting these Terms or placing another order. Existing orders and disputes remain subject to the agreements applicable to them.

Enforceability and changes. A court will decide whether this arbitration agreement was formed and whether its class-action waiver is enforceable. If the waiver cannot be enforced for a particular claim or remedy, that portion will proceed in court rather than class arbitration. Other severable provisions remain effective.

If AAA declines administration because we fail to comply with its consumer requirements, you may pursue the dispute in a court with jurisdiction. Material changes to this arbitration agreement require notice and affirmative acceptance and will not apply retroactively to an existing dispute. This agreement survives account closure.

Applicable law. Ohio law governs these Terms, subject to the Federal Arbitration Act and any mandatory protections applicable to the consumer.

• AAA Consumer Arbitration Rules, forms & fees
• Email a notice of dispute

Fraud Prevention, Order Review, and Pricing Errors

We may decline a proposed order, or lawfully pause or cancel an unfulfilled order, when we reasonably identify unauthorized payment activity, fraud, deliberate misuse of a promotion, a material technical or pricing error, product unavailability, or a security threat. We may request reasonable information needed to resolve the issue.

If we cancel an order, we will notify you and promptly return the amounts owed for the canceled portion, including applicable tax and shipping as required, without a customer cancellation fee. We will not impose a higher price, charge an additional amount, or make a material substitution without your agreement.

A good-faith complaint, honest review, lawful payment dispute, or exercise of a consumer right is not fraud or promotional misuse.

Events Outside Our Reasonable Control

To the extent permitted by law, we are not responsible for a delay or failure caused by an event outside our reasonable control, such as severe weather, fire, a carrier-network shutdown, a government restriction, or a widespread utility outage, where reasonable precautions and mitigation would not have avoided the affected performance.

We will take reasonable steps to address the disruption and communicate material changes affecting your order. This provision does not authorize indefinite delays or allow us to retain payment for goods we cannot supply. Required shipment-delay notices, cancellation options, and refunds remain available. It does not excuse our own failure to meet a legal duty.

Responsibility for Deliberate Misuse

To the extent permitted by law, you agree to indemnify Samar’s Delights and its owners, employees, and authorized agents for actual losses and reasonable defense expenses, including reasonable attorney’s fees, arising from third-party claims to the extent caused by your fraud, deliberate unlawful misuse of the website, or content you knowingly submit in violation of another person’s rights.

This obligation does not cover losses attributable to our acts or omissions, breach of duty, product defects, or information-security failures. It does not apply merely because you submit a complaint, request a refund, dispute a payment in good faith, post an honest review, or pursue a legal claim against us.

We will provide reasonably prompt notice of a covered third-party claim and a reasonable opportunity for you to participate in its defense. We will not agree to a settlement that requires an admission, payment, or other obligation from you without your written consent, which must not be unreasonably withheld.

Goodwill Accommodations and No Waiver

A voluntary replacement, credit, refund, fee waiver, or other goodwill accommodation is limited to the specific order and issue for which we provide it, unless we expressly agree otherwise in writing. It is not, by itself, an admission of liability, a permanent change to our policies, or a promise to provide the same accommodation in another case.

A decision not to enforce a particular provision on one occasion does not, by itself, prevent its lawful enforcement later. Nothing in this section limits an agreed settlement, a binding promise, or a remedy required by law.

Relationship to Existing Policies and Severability

These supplemental provisions form part of the Terms of Service and, where indicated, the Privacy Policy once properly adopted. They do not replace the Refunds & Cancellations policy or change an already accepted order’s agreed price, products, or fulfillment commitments.

Specific order commitments and legally required rights remain controlling. The arbitration section’s particular rules govern arbitration, including its exceptions and treatment of an unenforceable class-action waiver.

Except as that section provides, if a provision is held unenforceable, the remaining provisions will continue to apply to the extent they can operate independently and lawfully. This does not authorize rewriting the agreement to eliminate a consumer’s mandatory rights.

Changes apply prospectively with any legally required notice or consent. Merely posting an update does not impose new arbitration obligations on prior orders or existing disputes.

Your rights & policy updates

Nothing in these terms or our other policies excludes rights or remedies that cannot lawfully be limited, including rights relating to incorrect, defective, or unfulfilled orders. No policy requires you to accept store credit instead of a refund to which you are legally entitled.

We may update these terms for future use and orders by posting a new version and date. The version accepted with your order remains the version applicable to that order. Material changes to arbitration require notice and affirmative acceptance; posting an update does not bind earlier orders or existing disputes. Questions about these terms can be sent to samarsdelights@gmail.com.