Terms of service

These Terms of Service ("Terms") govern your use of the K&A Treats website and your purchase of products from K&A Treats.

By accessing or using our website, placing an order, or otherwise interacting with our website, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use our website.

1. About K&A Treats

K&A Treats is a Massachusetts-based food company founded by Kyle and Andre.

Our primary consumer product is the Chocolate-Covered S’mac Dessert Shells.

We also offer non-chocolate-coated S’maco Dessert Shells for wholesale and food-service customers.

2. Products

We make every reasonable effort to ensure that product descriptions, photographs, pricing, nutritional information, ingredients, and other product information displayed on our website are accurate.

However, product packaging and labeling may contain the most current product information.

Customers should review the applicable product packaging for ingredients, allergens, nutritional information, storage instructions, and other product information before consuming the product.

If you have questions regarding ingredients or allergens, please contact us before purchasing or consuming a product.

3. Product Availability

Product availability may change without notice.

We reserve the right to limit quantities, discontinue products, or modify product offerings at any time.

4. Pricing

All prices displayed on our website are subject to change without notice.

The price charged for an order will be the price displayed at the time the order is placed, except in the event of an obvious pricing or technical error.

We reserve the right to correct pricing errors and, where appropriate, cancel affected orders.

5. Orders and Payment

When you place an order through our website, you agree to provide accurate and complete billing, shipping, and contact information.

Orders are subject to acceptance and availability.

Payment must be successfully completed before an order can be processed and shipped.

We reserve the right to refuse, cancel, or limit an order when necessary, including in cases involving suspected fraud, unauthorized transactions, inventory limitations, or errors in product or pricing information.

6. Shipping

Orders are processed and shipped within 1–2 business days of being placed.

Delivery time depends on the shipping method selected at checkout and the applicable shipping carrier.

Once an order has been shipped, delivery times may be affected by circumstances outside our control, including carrier delays, weather, holidays, or other transportation disruptions.

7. Food Products and Returns

Because S’maco™️ Shells are a food product, we are unable to accept returns or exchanges once an order has been shipped.

All food purchases are considered final sale.

We do, however, stand behind our products.

If your order arrives damaged, incorrect, or there is an issue with the quality of your S’maco Shells, please contact support@katreats.com within 48 hours of delivery.

Please provide your order number and photographs of the product and packaging when applicable.

We will review the issue and do our best to make it right, which may include a replacement or refund depending on the circumstances.

We do not offer refunds or replacements for products that have been:

Opened
Improperly stored
Purchased by mistake
Subject to a change of mind
Disliked due to personal taste preferences

8. Proper Storage and Product Use

Customers are responsible for following the storage and handling instructions provided on the product packaging.

K&A Treats is not responsible for issues resulting from improper storage, handling, or use of our products after delivery.

9. Wholesale Orders

Wholesale / food-service S’maco Dessert Shells are intended for restaurants, ice cream shops, cafes, dessert businesses, and other food-service customers.

The wholesale product is the non-chocolate-coated S’maco Dessert Shells.

Wholesale product details:

S’maco Dessert Shells — 24-count

Wholesale price: $23.99 per 24-count unit

Minimum order quantity: 3 units

Wholesale customers may be required to submit an inquiry before placing an order, depending on the wholesale ordering process offered by K&A Treats.

Wholesale pricing, availability, quantities, and ordering terms may be subject to change.

10. Intellectual Property

All content on this website, including but not limited to:

K&A Treats branding
S’maco branding
Logos
Product names
Product photography
Images
Text
Graphics
Website design
Recipes and original content

is owned by or licensed to K&A Treats unless otherwise stated.

You may not reproduce, distribute, modify, copy, publish, sell, or commercially exploit our content without prior written permission.

11. User Content

If the website allows customers to submit reviews, recipes, photographs, ideas, or other content, you are responsible for the content you submit.

By submitting content, you represent that you have the necessary rights to submit it and that the content does not violate the rights of another person or applicable law.

Where applicable, you grant K&A Treats permission to use submitted content for purposes related to operating, promoting, and marketing the K&A Treats and S’maco™️ brands.

12. Website Use

You agree not to use the website:

For unlawful purposes
To commit fraud
To interfere with website functionality
To attempt unauthorized access to systems or accounts
To transmit malicious code
To infringe upon the rights of K&A Treats or others
In a manner that could damage or disrupt our website or services

13. Third-Party Services

Our website may use third-party services, applications, payment processors, shipping providers, analytics providers, social media platforms, and other third-party technologies.

Third-party services may have their own terms and privacy policies.

K&A Treats is not responsible for the policies, practices, availability, or performance of third-party services outside our reasonable control.

14. Disclaimer

To the fullest extent permitted by applicable law, the website and its content are provided without warranties other than those that cannot legally be excluded.

We do not guarantee that the website will always be available, uninterrupted, secure, or error-free.

Product information is provided for informational purposes and should be reviewed together with the applicable product packaging and labeling.

15. Limitation of Liability

To the fullest extent permitted by applicable law, K&A Treats will not be responsible for indirect, incidental, consequential, special, or punitive damages arising from your use of the website or purchase or use of our products, except where such limitation is prohibited by law.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless K&A Treats and its owners, employees, contractors, and service providers from claims, losses, liabilities, damages, and expenses arising from your violation of these Terms or misuse of our website or products.

17. Changes to These Terms

We may update these Terms from time to time.

Any changes will become effective when the updated Terms are posted on our website unless otherwise required by applicable law.

Your continued use of the website after changes are posted constitutes acceptance of the updated Terms.

18. Governing Law

These Terms will be governed by and interpreted in accordance with the laws applicable to K&A Treats and its operations, without regard to conflict-of-law principles, to the extent permitted by applicable law.

19. Contact Us

If you have questions regarding these Terms of Service, please contact:

K&A Treats
Customer Support: support@katreats.com

Wholesale / Larger Quantity Orders: orders@katreats.com