Terms of Service

1. About Misfit Cookies

Welcome to Misfit Cookies!

These Terms of Service ("Terms") govern your use of our website, online ordering system, and related products and services.

Misfit Cookies ("Misfit," "we," "us," or "our") is a Connecticut cottage food business owned and operated by Kevin Galarza, a sole proprietor, located in Meriden, Connecticut.

Website: https://www.misfitcookies.com

By placing an order through our website, you agree to these Terms. Please review them before making a purchase.

Our Privacy Policy separately explains how we collect, use, and handle personal information.

Nothing in these Terms limits rights or protections that cannot lawfully be waived under applicable consumer protection laws.

2. Our Bakery and Products

Misfit Cookies is a licensed Connecticut cottage food operation producing small-batch baked goods in a residential home kitchen.

Made in a Cottage Food Operation that is not Subject to Routine Government Food Safety Inspection.

We sell directly to consumers and are not a conventional walk-in retail bakery.

Our offerings may include individual cookies, assorted cookie packs, seasonal flavors, limited releases, and custom orders.

Product availability, ingredients, flavors, pricing, packaging, and purchasing options may change.

Because we prepare products in small batches, quantities and pickup availability are limited. We cannot guarantee that a particular flavor or pickup date will always be available.

We reserve the right to reasonably limit quantities, discontinue products, or decline orders because of availability, capacity, food safety concerns, legal restrictions, suspected fraud, or other legitimate operational reasons.

If we cannot fulfill an accepted, paid order, we will provide an appropriate refund or another resolution agreed upon with the customer.

Our cottage food products are sold directly to consumers and are not offered for wholesale distribution or resale.

3. Product Information and Appearance

We make reasonable efforts to provide accurate product descriptions, photographs, ingredients, allergen disclosures, and pricing.

Our cookies are handmade, so individual products may vary naturally in shape, appearance, texture, color, and topping distribution.

Product photographs represent the products we offer but may not reflect the exact appearance of every cookie.

These ordinary handmade variations do not excuse missing products, incorrect orders, materially inaccurate descriptions, or genuine product defects.

Current ingredient lists, allergen information, and declared product weights are available on our website and product packaging.

For detailed information, visit our Ingredients & Allergens page.

4. Food Allergies and Dietary Restrictions

Please review all ingredient and allergen information before placing an order or consuming our products.

Misfit Cookies operates from a shared home kitchen that is not an allergen-free environment.

Our kitchen is used to prepare a variety of foods, including those containing common food allergens such as milk, eggs, wheat, soy, peanuts, tree nuts, sesame, fish, and shellfish.

Although individual cookies may not intentionally contain all these allergens, shared equipment, utensils, storage areas, and preparation surfaces create a risk of cross-contact, even with proper cleaning and food handling practices.

We cannot guarantee that any of our products are free from allergens. If you have a food allergy, we do not recommend consuming our products.

All our current cookies contain wheat and gluten. We do not offer gluten-free products, and our cookies are not suitable for people with celiac disease.

Individual ingredient lists and allergen statements identify allergens intentionally used in each recipe. They do not necessarily account for every possible allergen that may be present through cross-contact.

If you have questions about ingredients, allergens, or dietary restrictions, please contact us before ordering.

These disclosures do not replace our obligations to follow applicable food safety and labeling laws.

5. Placing an Online Order

You can place an order through our website without creating a customer account.

To order, you must:

1. Select your desired cookies, quantities, and available pack configurations.
2. Choose an available pickup date and time window.
3. Provide accurate contact information, including your first name, last name, email address, and telephone number.
4. Review your selected products, quantities, prices, taxes, and pickup information.
5. Acknowledge that standard website orders are for pickup only.
6. Complete payment using an accepted payment method.

Please review your order carefully before submitting payment.

Adding products to your cart, beginning checkout, or initiating payment does not guarantee product availability or establish an accepted order.

An online order is accepted when payment has been successfully verified and the order has been recorded by our ordering system.

When your order is confirmed, the website provides an order confirmation and access to a downloadable receipt.

A technical issue may occasionally prevent a confirmation page from appearing even when a payment has succeeded. If you experience this, please contact us before attempting to place or pay for the order again.

We may contact you when clarification or additional information is needed to fulfill your order.

6. Prices, Taxes, and Payments

All prices are listed in U.S. dollars.

Product prices and availability are those displayed during the ordering process, subject to correction of genuine errors as described below.

Applicable sales taxes are calculated and displayed during checkout before payment is submitted.

Standard online orders require payment in full at checkout.

Card payments are handled through a third-party payment processor. Your financial institution may require additional verification or authentication.

We do not require customers to send full payment card numbers or card security codes through ordinary email, text messages, or website contact forms.

Please do not submit payment card details through those channels.

Our standard website checkout does not offer subscriptions, recurring payments, or automatic repeat purchases.

If a pricing or availability error affects an order, we will contact you to discuss a correction, cancellation, or other appropriate resolution.

We will not increase the amount charged for an accepted order without your agreement.

If a paid order cannot be fulfilled, we will provide the applicable refund or another agreed lawful resolution.

7. Pickup and Fulfillment

All standard website orders are for pickup only.

Orders must be collected in person at:

Misfit Cookies
177 Carter Avenue Ext
Meriden, CT 06451

You must select an available pickup date and time window during checkout.

We prepare cookies in small batches for scheduled pickup days. Ordering deadlines and pickup availability are based on our production capacity.

Please arrive during your selected pickup window whenever possible.

When you arrive, you may call, text, or knock as instructed in your order information.

Because we operate from a residential property, please be considerate of neighboring households, driveways, and the surrounding neighborhood.

We do not currently offer mail-order shipping, courier shipping, or standard online delivery.

Local delivery within Connecticut may be available for certain custom orders by prior arrangement. Availability, delivery fees, and other conditions must be agreed upon individually.

Submission of an online order does not create an entitlement to delivery.

8. Late and Missed Pickups

We understand that plans sometimes change.

If you expect to be late or cannot collect your order during your selected pickup window, please contact us as soon as possible.

We will make reasonable efforts to arrange another pickup time when feasible.

However, our cookies are prepared fresh for scheduled pickup. Delayed collection may affect freshness, texture, and overall product quality.

We cannot guarantee that an order collected substantially later than scheduled will have the same freshness as it would have had during the original pickup window.

Orders that are not collected, and for which the customer does not contact us to make alternative arrangements, are generally nonrefundable.

This does not apply when the failure to complete an order is caused by Misfit Cookies or when a refund or other remedy is required by law.

9. Changes and Cancellations

If you need to change or cancel your order, please contact us promptly.

Before preparation begins: You may cancel your order for a full refund.

After preparation begins: Changes and cancellation requests are reviewed individually. Because our cookies are prepared to order, cancellation or a refund may no longer be possible.

We will make reasonable efforts to accommodate modifications when production and availability allow.

We do not charge separate cancellation or restocking fees.

If Misfit Cookies must cancel an accepted order, you will receive a full refund of the amount paid, including applicable taxes, unless you voluntarily agree to another lawful resolution.

Nothing in this section limits your rights to remedies for incorrect, defective, unsafe, or otherwise nonconforming products.

10. Returns, Refunds, and Product Problems

Because our cookies are freshly prepared, perishable food products, we generally cannot accept physical returns or provide refunds simply because a customer changes their mind after preparation has begun.

However, we stand behind our products and want customers to receive the orders they purchased.

If an order contains incorrect or missing items, arrives damaged, or presents a genuine quality or safety concern, please contact us promptly.

Provide your order information and a brief description of the issue so we can review what happened.

Depending on the circumstances, an appropriate resolution may include:

• Replacing an affected product.
• Correcting an incomplete or incorrect order.
• Issuing a partial refund.
• Issuing a full refund.

Refunds for card payments are generally processed through the original payment method when possible.

The time needed for a refund to appear in your account depends on your payment provider or financial institution.

We do not guarantee immediate posting of funds after a refund has been initiated.

Nothing in these Terms limits refunds or other remedies required by applicable law.

11. Custom Orders

Customers may submit special requests through our Custom Order page or by contacting us directly.

Custom orders may include larger quantities, special events, specific product arrangements, or individually arranged fulfillment.

Submitting a custom-order inquiry does not place an order, reserve a production date, or guarantee availability.

All custom requests are subject to review and acceptance.

Pricing, quantities, product selections, pickup or delivery arrangements, payment timing, and any other requirements will be discussed and agreed upon individually.

Local delivery, when offered, is limited to arrangements permitted under Connecticut cottage food rules.

Any required deposit, special payment condition, or custom cancellation policy will be disclosed and agreed upon before payment is collected.

Unless otherwise agreed, these Terms apply to accepted custom orders. Any specific written terms mutually agreed upon for a custom order will control where they differ from these general Terms, subject to applicable law.

If we cannot fulfill an accepted custom order, we will provide a full refund of any amount paid for that order unless the customer agrees to another lawful resolution.

12. Orders Arranged Directly with Us

We may also accept orders arranged by telephone, text message, or direct communication with our staff.

These orders may have payment arrangements that differ from our standard website checkout.

Depending on the arrangement, we may accept cash, credit or debit cards through a secure payment service or supported in-person payment method, or business checks by prior agreement.

Payment may be required in advance or collected at pickup, as agreed for the particular order.

A request, estimate, or preliminary discussion does not by itself constitute a confirmed order.

The accepted products, quantities, prices, payment terms, and fulfillment details will be communicated as part of the order arrangement.

13. Customer Communications

We may use the contact information you provide to communicate about matters related to an order or inquiry.

This may include:

• Clarifying order details.
• Coordinating pickup.
• Notifying you of a fulfillment issue.
• Discussing changes or cancellations.
• Addressing payments, refunds, or other customer service matters.

Communications may be made manually by telephone, text message, or email.

Our website provides on-screen order confirmations and downloadable receipts. We do not guarantee that automated confirmation emails or pickup reminders will be sent.

Please save your order confirmation and receipt for reference.

Marketing communications are separate from necessary order-related messages. Placing an order does not automatically subscribe you to marketing emails.

Customers who voluntarily subscribe may unsubscribe from marketing communications at any time.

We do not currently operate a promotional text-message subscription program.

14. Product Freshness and Storage

Our cookies are best enjoyed fresh, particularly on the day of pickup.

For general quality guidance, cookies may be stored in a sealed container in a cool, dry place for approximately two to three days, although their texture and freshness may change over time.

Actual storage suitability may depend on the product, storage conditions, and handling.

This guidance is not a guarantee of freshness or food safety for a specific period under every condition.

Customers should follow any product-specific handling instructions and use reasonable care when transporting, storing, and serving their cookies.

If warming a suitable product, remove all packaging first. Frosted cookies and certain toppings may not be appropriate for reheating.

15. Acceptable Website Use

You agree to use our website and ordering services for lawful purposes.

You may not:

• Place fraudulent orders or knowingly provide false payment information.
• Impersonate another individual.
• Use another person's personal or payment information without authorization.
• Attempt to interfere with website functionality or security.
• Access private information or services without authorization.
• Abuse our ordering system, purchasing limits, or public contact forms.
• Submit threatening, unlawful, fraudulent, or abusive communications.

We may take reasonable steps to prevent misuse, including limiting access or declining suspicious transactions.

Any accepted, paid order affected by such action will be handled in accordance with our refund policies and applicable law.

16. Private Order Information

Customers may receive private links that provide access to order details, payment information, or receipts.

These links are intended for the customer or individuals the customer chooses to authorize.

Please keep them private and avoid publishing them or sharing screenshots that expose private order information.

Anyone who obtains a valid private link may be able to view the information accessible through it.

If you lose a link or believe one has been shared unintentionally, please contact us for assistance.

17. Website Content and Intellectual Property

The Misfit Cookies name, branding, logos, original photography, designs, written materials, and other website content are owned by Misfit Cookies or used with appropriate permission.

You may view and use our website for normal personal shopping and informational purposes.

You may not reproduce, distribute, republish, or commercially exploit our protected materials without authorization, except as permitted by applicable law.

We welcome customer feedback and suggestions.

Submitting an idea or feedback does not automatically transfer ownership of your original creative work to Misfit Cookies.

Customer-created photographs, testimonials, or other identifiable customer content will not be used in our public marketing without appropriate permission.

18. Third-Party Services and Links

Our website uses third-party services for functions such as payment processing, website hosting, operational support, and security.

These providers may have their own applicable terms and privacy policies.

We may also link to independent websites, such as social media platforms or mapping services.

We do not control the content or practices of independent external websites.

Our Privacy Policy provides additional information about how personal information is handled in connection with our services.

Nothing in this section removes obligations that applicable law places on Misfit Cookies.

19. Website Availability and Technical Issues

We make reasonable efforts to maintain a functional and accurate website.

However, temporary interruptions, technical errors, incorrect availability information, payment-processing delays, or other issues may occasionally occur.

We cannot guarantee uninterrupted website access or the availability of every product shown during browsing.

If a technical issue affects a transaction, please contact us so we can investigate and provide an appropriate resolution.

A temporary payment or confirmation error does not necessarily mean a transaction failed.

We will not knowingly retain payment for an order we cannot fulfill without providing an appropriate remedy.

20. Responsibility and Legal Rights

We strive to provide products that match their descriptions and meet applicable food safety and consumer protection requirements.

Individual preferences regarding taste, sweetness, texture, or appearance may differ, and ordinary differences in preference do not automatically make a product defective.

To the extent permitted by law, we are not responsible for losses caused solely by improper handling, storage, or use of products after pickup.

Nothing in these Terms excludes or limits liability that cannot legally be excluded, including applicable liability for negligence, unsafe products, misrepresentation, or violations of consumer protection laws.

We do not require customers to waive mandatory legal protections or remedies.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of Connecticut, subject to any consumer protections that cannot lawfully be excluded.

If a problem arises, we encourage you to contact us first so we can review the issue and attempt to resolve it directly.

If a dispute cannot be resolved, either party may pursue available legal remedies before a court with proper jurisdiction.

These Terms do not require mandatory arbitration or waiver of class-action rights.

22. Changes to These Terms

We may update these Terms when our products, operations, website functionality, or legal obligations change.

Updated Terms will be published on our website with a revised effective date.

Material changes will be communicated when appropriate or required by law.

Unless otherwise agreed or legally required, updated Terms apply prospectively and do not retroactively change the agreed conditions of an order already accepted.

We encourage customers to review the Terms before placing an order.

23. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

These Terms, together with the applicable order details and any mutually agreed custom-order conditions, form the agreement governing your purchase, subject to applicable law.

24. Contact Us

Questions about orders, pickup, cancellations, refunds, or these Terms can be directed to:

Misfit Cookies
Owned and operated by Kevin Galarza, sole proprietor
177 Carter Avenue Ext
Meriden, CT 06451
United States

Phone: (203) 600-6587
Website: https://www.misfitcookies.com
Contact: https://www.misfitcookies.com/contact