Terms of service

1. The basics

This site is operated by Crazy Toy Deals LLC, doing business as Amembiana ("Amembiana," "we," "us," or "our"). These Terms govern your use of amembiana.com and anything you buy through it.

By browsing the site or placing an order, you're agreeing to these Terms. If you don't agree with them, don't use the site.

We host the store on Shopify, which provides the platform that lets us sell to you online.

2. Who can buy

You need to be at least 18, or the age of majority where you live, and able to enter into a contract. If you're younger than that, you can use the site with a parent or guardian who agrees to these Terms on your behalf and takes responsibility for the order.

By placing an order you're confirming the payment method belongs to you or that you have permission to use it.

3. Food, ingredients, and allergens

Read this part even if you skip the rest.

We sell packaged food made by other manufacturers. We don't produce, repackage, or reformulate what we sell. Ingredients, nutrition information, and allergen statements come from the manufacturer, and manufacturers change formulations without telling retailers.

The package in your hand is the authority, not our website. Product photos, descriptions, and ingredient lists on this site are provided for convenience and may be out of date or may show older packaging. Always read the label on the actual product before you eat it or serve it to anyone else.

Our products may contain, or may have been made on equipment shared with, common allergens including milk, eggs, peanuts, tree nuts, soy, wheat, fish, shellfish, and sesame. We store and ship a wide range of food products in a shared facility, and we can't guarantee that any item is free of a given allergen.

If you have a food allergy or a medical dietary restriction, don't rely on this site. Check the manufacturer's label, and contact the manufacturer directly if you need certainty. We're not able to verify manufacturing conditions on products we didn't make.

We're not liable for allergic reactions or other adverse responses to products purchased through this site, to the extent the law allows us to say that.

4. Best-by dates and short-dated items

Best-by, sell-by, and use-by dates are manufacturer quality guidelines. They aren't federal safety expiration dates, and for most shelf-stable candy and snacks they mark when texture and flavor start to change rather than when something becomes unsafe.

Some of what we sell is close to its best-by date. When that's the case we say so on the product page, list the date, and discount it accordingly. Those items are sold as-is with respect to the date. See our [Return & Refund Policy] for how that works.

5. Product information and pricing

We do our best to describe products accurately, but we don't warrant that descriptions, photos, pricing, or other content on this site are accurate, complete, or current. Photos are representative. Packaging, sizes, and formulations change.

Prices are in US dollars and can change without notice.

If a product is listed at an incorrect price or with incorrect information because of a typo or a system error, we may cancel or refuse the order even after you've received a confirmation and even after your card has been charged. If that happens we'll refund you in full and tell you why.

6. Orders

Your order is an offer to buy. An order confirmation email means we received it, not that we've accepted it. Acceptance happens when we ship.

We may refuse or cancel any order, and we may limit quantities on any item or to any customer, household, or address. Reasons we'd do that include suspected fraud, a reseller clearing out a listing, an order that doesn't match a normal buying pattern, or a history of claims that don't line up with normal delivery outcomes.

Products are sold for personal use. We're not obligated to fill orders that appear to be for commercial resale.

You can cancel or change an order within one hour of placing it. After that it's in the pick queue. Details in the [Return & Refund Policy].

7. Shipping and delivery

We ship within the United States only. We don't currently accept international orders or ship to freight forwarders.

Shipping costs, processing times, and delivery estimates are on our [Shipping Policy] page. Delivery estimates are estimates. Carriers run late, weather happens, and we don't control what happens to a package once it's in their hands.

Risk of loss passes to you when the carrier delivers the package to the address you provided. What we cover when something arrives damaged is spelled out in the [Return & Refund Policy], and that policy governs.

You're responsible for giving us a correct, complete shipping address. We can't reroute a package after a label is printed, and an order delivered to an address you supplied isn't refundable.

8. Heat and temperature

Chocolate and other heat-sensitive items can soften or melt in transit during warm months. We ship standard, without cold packs or insulated packaging, and we don't warrant that heat-sensitive products will arrive in any particular physical condition.

Melted product is generally not defective. Our [Return & Refund Policy] explains the narrow circumstances where we cover it.

9. Payment

We accept the payment methods shown at checkout. Payment is processed by Shopify and its payment partners, not by us directly. By submitting payment information you authorize us to charge the full order amount including tax and shipping.

Sales tax is calculated at checkout based on your shipping address and applicable law.

10. Returns and refunds

Our [Return & Refund Policy] is incorporated into these Terms by reference and applies to every order. Read it before you buy. If anything in these Terms appears to conflict with that policy on the subject of returns or refunds, the Return & Refund Policy controls.

11. Recalls

If a product you bought from us is subject to a manufacturer or FDA recall, we'll make reasonable efforts to notify affected customers using the contact information on the order. Follow the recall instructions from the manufacturer or FDA. Don't eat a recalled product.

Recalls are handled outside our normal return process. Contact us and we'll work it out.

12. California Proposition 65

California law requires warnings on products that can expose people to certain chemicals. Some foods contain trace amounts of listed substances, including lead and acrylamide, that occur naturally or form during ordinary cooking and processing.

Where we've received a warning from a manufacturer or supplier, we display it on the product page. If you're a California resident and you believe a product needs a warning it isn't carrying, tell us and we'll look into it. More information is at www.P65Warnings.ca.gov/food.

13. Product requests

If we offer a form for requesting products we don't carry, submitting one isn't an order and doesn't obligate us to source anything, quote a price, or respond. We may act on a request, ignore it, or stock the item and sell it to anyone.

Don't submit anything through that form you consider confidential or proprietary. Anything you send us, we can use without restriction or compensation.

14. Accounts

If you create an account, you're responsible for keeping your password to yourself and for everything that happens under your login. Tell us if you think someone else has access.

We can suspend or close an account at any time, including for violating these Terms or for the order patterns described in Section 6.

15. What you can't do with the site

Don't use the site for anything unlawful. Don't try to break, probe, or overload it. Don't scrape it, don't spider it, don't use it to build a competing catalog, and don't upload malicious code. Don't impersonate anyone or submit false information.

We can terminate your access for any of the above.

16. Our content

Everything on this site that we created, including text, graphics, logos, and page design, belongs to us or our licensors and is protected by copyright and trademark law. You can browse it and share links to it. You can't copy it wholesale, republish it, or use it commercially without our written permission.

Manufacturer names, brand names, and product images belong to their respective owners. We use them to identify the products we sell. Nothing on this site implies that any brand endorses or is affiliated with Amembiana.

17. Links to other sites

We sometimes link to third-party sites. We don't control them and we're not responsible for what's on them or what they do with your information.

18. Disclaimer of warranties

THE SITE AND ALL PRODUCTS SOLD THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

We don't warrant that the site will be uninterrupted, secure, or error-free, or that product information will be accurate or current.

Nothing here is intended to disclaim any warranty or right that can't be disclaimed under applicable law. Some states don't allow certain exclusions, so parts of this section may not apply to you.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AMEMBIANA AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH IT.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER.

This doesn't limit liability for anything that can't be limited by law, including gross negligence, willful misconduct, or personal injury caused by our own conduct where applicable law says we're on the hook.

You also release Shopify and its affiliates from claims arising out of your purchases from us.

20. Indemnification

You agree to indemnify and hold harmless Amembiana, Shopify, and our respective officers, employees, and agents from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law, or your infringement of anyone else's rights.

21. Governing law

These Terms are governed by the laws of the State of Idaho, without regard to its conflict of law rules. Subject to Section 22, any dispute will be brought in the state or federal courts located in Ada County, Idaho, and you consent to that jurisdiction.

22. Dispute resolution and arbitration

**Please read this section. It affects how disputes between us get resolved and it limits your right to bring a class action.**

Talk to us first. Most problems get solved by email in a day. Before starting arbitration, send a written description of the dispute to customerservice@amembiana.com and give us 30 days to work it out.

If we can't resolve it, you and Amembiana agree that any dispute arising out of these Terms or any purchase will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision is final and enforceable in any court with jurisdiction.

Small claims carve-out. Either of us can bring an individual claim in small claims court instead, as long as it stays in that court and stays individual. Either of us can also seek injunctive relief in court for intellectual property misuse.

No class actions. Claims must be brought individually. You and Amembiana each waive the right to participate in a class action, class arbitration, or representative proceeding. The arbitrator can't consolidate claims or preside over any form of representative case. If this waiver is found unenforceable, the entire arbitration section is void and disputes go to the courts named in Section 21.

You can opt out. If you don't want to be bound by this arbitration agreement, email customerservice@amembiana.com within 30 days of your first purchase with your name, the email on your order, and a statement that you're opting out of arbitration. Opting out costs you nothing and doesn't affect your order or anything else in these Terms.

Nothing in this section prevents you from filing a complaint with a government agency.

23. Changes to these Terms

We can update these Terms at any time by posting a revised version here with a new date at the top. Changes apply to orders placed after they're posted. Checking this page occasionally is on you.

24. Everything else

If any part of these Terms is found unenforceable, the rest stays in effect.

Our not enforcing something isn't a waiver of our right to enforce it later.

These Terms, along with our Return & Refund Policy, Shipping Policy, and Privacy Policy, are the entire agreement between us and replace any prior understanding.

These Terms apply to orders placed on amembiana.com. Orders placed through Amazon, Walmart, TikTok Shop, or any other marketplace are governed by that marketplace's terms.