BAYBREAD.COM - TERMS & CONDITIONS OF USE
Customer Agreement
Welcome to BAYBREAD.COM. This Customer Agreement ("Agreement" or “Terms and Conditions”) is intended to be and, upon the conditions herein set forth, shall act as a binding, legal agreement between you and Bay Bread, LLC, (together with its subsidiaries and affiliates, collectively "Bay Bread," the “Company,” “We” or “Us”). This Agreement states the terms and conditions under which you may receive Bay Bread online services (“Service” or “Services”) and use the Baybread.com Web site ("Site"). Your use of the Services and the Site constitutes your agreement to the terms and conditions set forth below. We may amend the Agreement at any time by posting the amended terms on the Site. If you do not agree to these terms and conditions, do not use the Site or the Services.
Notwithstanding any contrary statements on the Site or elsewhere, these Terms and Conditions are the only agreement between you and the Company. By completing the on-line registration process, submitting each order and completing the checkout process, you acknowledge and confirm that you have read, understood and agree to these Terms and Conditions, and the form in which they appear at the time your on line transaction is processed. YOU FURTHER ACKNOWLEDGE THE COMPANY’S ADMONITION TO YOU THAT, IF YOU ARE UNSURE ABOUT ANY PART OF THIS AGREEMENT, YOU SEEK THE ADVICE OF LEGAL COUNSEL.
You agree that because of the nature of the Internet, the online shopping service is provided on an "AS IS" and "AS AVAILABLE" basis. We are not liable to you if we are unable to supply a particular item. In such a case Bay Bread may be able to ship an adequate substitute product. If you authorize Bay Bread to select a substitute product, please indicate so on the order form. IF YOU WILL ACCEPT NO SUBSTITUTE, PLEASE INDICATE SO ON THE ORDER FORM AND WE WILL ADJUST YOUR ORDER ACCORDINGLY. ALL SALES ARE FINAL AND BAY BREAD DOES NOT REFUND.
We will make every attempt to deliver on all your orders; however, large orders of specific items will be fulfilled at the discretion of the store. For example, if you were to make an order of 50 Country Levain breads, which would potentially use up all of the then available stock of that product, the store may only be able to deliver 25 units.
1. Ownership, License & Restrictions on Use.
The content of this Site is the proprietary intellectual property of Bay Bread. Your use of the Site does not grant you any rights, either intentionally or by implication, directly or indirectly, to the names, images, pictures, logos and icons or other data identifying Bay Bread products and the Services contained on the Site. Any copying, republication, or redistribution of the Site’s content, including, but not limited to, by means of caching, framing or any similar means, is prohibited without the prior written consent of Bay Bread. The Company shall not be liable for any errors in content, or for any action taken in reliance thereon. The marks BAY BREAD and BAYBREAD.COM are registered service marks of Bay Bread, LLC.
2. Offer and Acceptance.
By submitting a completed order form, you offer to purchase, pursuant to these Terms and Conditions and the order form, the groceries and other items (each a “Product” and collectively, "Products") you select and submit to Baybread.com for purchase via the order form. Bay Bread may accept your offer by sending you an electronic confirmation that your order has been received and accepted. It shall be in Bay Bread’s discretion to accept or reject your offer. If Bay Bread accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between Bay Bread and you governing your purchase of all Products from Bay Bread over the Baybread.com online shopping service.
3. Responsibilities.
Unless the Company shall otherwise choose in its sole discretion, all Products shall be delivered to you by United Parcel Service or Federal Express, at the delivery address you designate. Your payment for the Products and for shipping and delivery, including any applicable sales taxes, is due upon completion of the checkout of your order. Bay Bread will charge the payment for Products to the credit card that you submit to Bay Bread as part of your checkout, and will collect the payment from your bank. You authorize Bay Bread to make and collect such payments and charges, and agree to make payment to Bay Bread if the Company cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the online order form, plus all applicable sales taxes and shipping charges, if any, as reported to you as the "TOTAL" in the delivery receipt.
4. Product Pricing and Service Charges.
The prices quoted on this Site at the time of your order are estimated prices only. You will be charged the prices quoted for Products you have selected for purchase at the time your order is processed at checkout. Delivery times will be as agreed at the time of order, but subject to routing priorities of United Parcel Service or Federal Express. All goods must be signed for on delivery by an adult 18 years of age or older, or 21 years of age for orders that include alcoholic beverages. The United Parcel Service or Federal Express driver will retain the goods if no adult is at the delivery address when the delivery is attempted. The driver will leave notification of delivery and will return later the same day, unless you have indicated on your order that the driver may drop off your order without a signature. Orders containing alcoholic beverages may not be delivered without a signature by an adult 21 years of age or older. Deliveries will only be made to the address that was provided during registration. THE COMPANY SHALL BEAR NO RISK OF LOSS FOR ANY PRODUCTS PLACED INTO THE POSSESSION OF A CARRIER FOR DELIVERY.
A service (handling) fee applies to all orders, no matter how small or large, and is nonrefundable. The service fee covers the costs associated with fulfilling each order.
5. Promotions.
Items are periodically offered at special rates, such as "Buy One, Get One Free." To ensure you receive the quantity of products desired, please indicate the exact quantity of products you wish to purchase. We will deliver to the best of our ability, the exact quantity of items ordered.
6. Customer Communications.
You and We agree that the Company shall be entitled to rely on the accuracy of the information you provide the Company through your use of the online order form and the registration process, and agree further that in any dispute between us, such information shall be conclusively presumed accurate. On occasion, Baybread.com may need to contact you regarding your account or a significant business issue. These communications will be marked "Special Service Notification: Please Read." OUR PRODUCTS MAY CONTAIN INGREDIENTS, SUCH AS NUTS, THAT A CUSTOMER MAY BE ALLERGIC TO. IT IS IMPORTANT THAT IN PLACING AN ORDER, AND IN CONSUMING ANY PRODUCT, THAT THE CUSTOMER (OR, IN THE CASE OF A GIFT ORDER, THE ULTIMATE RECIPIENT) DOES NOT CONSUMER INGREDIENTS TO WHICH HE OR SHE IS ALLERGIC. THE COMPANY URGES ALL CUSTOMERS TO USE EXTREME CARE IN PLACING ORDERS.
7. Eligibility.
You must be aged 18 or older and have completed the registration process in order to participate in any of the Services provided by Baybread.com. You will receive a user ID and password. Please keep them secret and you are entirely responsible for the use of online services pursuant to your user ID and password. You must immediately notify Bay Bread of any unauthorized use of your user ID or any breach of security that becomes known to you. YOU WILL BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF YOUR USER ID AND PASSWORD.
8. Shopper Registration.
You agree to complete the initial registration process according to Bay Bread requirements stated on the Site, and to provide the Company with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers. You must provide Bay Bread with an accurate and complete credit card number and expiration date at the time of checkout.
YOU REPRESENT AND WARRANT TO BAY BREAD THAT YOUR USE OF ANY CREDIT CARD IS AUTHORIZED AND LEGAL; FURTHERMORE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY FREE AND HARMLESS FROM ANY BREACH OF THE FOREGOING REPRESENTATION AND WARRANTY.
9. Shopper Information Changes.
It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as necessary.
10. Delivery.
Your order will be shipped on the next available shipping day. A United Parcel Service or Federal Express employee shall deliver the Product to you at a single delivery location you designate that is within the applicable delivery zone authorized by Bay Bread. We reserve the right not to deliver items that we deem to be excessive in quantity.
11. Methods of Payment.
You can pay by any Visa, MasterCard, or American Express. Your credit card information will be encrypted to minimize the possibility of unauthorized access or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. The Company makes no guaranty of security whatsoever. Authority for payment must be given at the time of order.
12. Product Availability.
Although Bay Bread believes that it will have sufficient inventory to fill your orders, it is possible that certain Products will be unavailable from time to time. In the event a particular Product you have ordered is temporarily unavailable, Bay Bread will complete and fill the remainder of your order and/or provide substitutions (unless you specifically advise the Company in your order that substitute Products will not be accepted), and notify you at the time of delivery of those items that are unavailable. Bay Bread will not, for any reason, redeliver items that are unavailable at the time of delivery or intentionally or unintentionally missing from an order. You will not be charged for items unavailable at the time of delivery and refunded for items intentionally or unintentionally missing from an order.
13. Cookies.
Our Site use "cookies." A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, we use cookies to remind us of your identity and the contents of your previous order or orders. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.
14. Links.
(a) Outbound Links. The Site may contain links to third-party Web sites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Bay Bread of such Linked Sites or any content thereof. Bay Bread makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Bay Bread is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
(b) Inbound Links. Linking to any page of the Site other than to http://www.baybread.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Bay Bread. Any web site or other device that links to http://www.baybread.com or any page available therein is prohibited from (a) replicating content, (b) using a browser or border environment around the content, (c) implying in any fashion that Bay Bread or any of its subsidiaries or affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including, but not limited to, its relationship with Bay Bread or any of its subsidiaries and affiliates, (e) presenting false information about Bay Bread Products or Services, and (f) using any logo or mark of Bay Bread or any of its subsidiaries or affiliates without the prior and express written permission from Bay Bread.
15. Disclaimer of Warranty.
The Company’s online Services are provided on an "AS IS" or "AS AVAILABLE" basis. Bay Bread does not provide any assurances of the availability or usability by you of its Services. BAY BREAD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE SERVICES, DELIVERIES, OR OTHERWISE.
16. Limitation of Liability.
BAY BREAD SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), UNAUTHORIZED USE OF YOUR CREDIT CARD, OR OTHER CONSEQUENCES, ABSENT THE WILLFUL MISCONDUCT OF BAY BREAD OR ITS AUTHORIZED AGENTS. ANY LIABILITY OF BAYBREAD (INCLUDING ITS EMPLOYEES, AFFILIATES, OR AGENTS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO BAY BREAD IN YOUR MOST RECENT USE OF THE ONLINE SHOPPING SERVICE IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND.
17. Privacy and Confidentiality.
Bay Bread values you as a customer and your right to privacy. Except as may be otherwise required by law (to which these Terms and Conditions shall be construed in a manner which conforms to applicable law), Bay Bread (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with the Services or otherwise for Bay Bread’s general business purposes, and (ii) will not sell, lease, or share your name, address or similar personally identifying information to unrelated third parties or permit the use of such information outside the scope of the Services or the Company’s general business purposes. Bay Bread may, and reserves the right to, use and disclose internally within the Company and with its affiliated business partners, any aggregated, non-personally identifying information, including information you provide to Bay Bread using this Site, regarding Bay Bread customers in general and their usage of the Services, for any purpose.
18. Applicable Law.
These Terms and Conditions and the order form shall be governed by laws of the State of California without regard to conflict of laws and rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in San Francisco, California. Should any action be brought to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover costs, including, but not limited to, attorney’s fees, in addition to any other relief that may be awarded or obtained.
19. Changes to Terms and Conditions.
Bay Bread reserves the right to, from time to time, without notice to you, in the Company’s sole discretion and simply by posting such change or revision on the Site, amend the Terms and Conditions for Use, or fees and charges for, and purchases regarding the Services. Any such change by the Company will be effective immediately upon posting to the Site. It is your responsibility to review the Terms and Conditions before submitting each order. Bay Bread has no responsibility to notify you of any changes before any such changes are effective.
20. Terms and Conditions Govern.
These Terms and Conditions, as amended from time to time, is and shall be the sole and only agreement between you and Bay Bread regarding your online purchases of Products and Services. As a convenience to our customers in placing orders for Products and Services, the Company may provide customer service representatives who may be contacted by telephone. No customer service representative is authorized to in any way change, amend or modify these Terms and Conditions.
21. Taxes.
Bay Bread will apply best efforts to make sure all applicable taxes are identified and included in your order at the time you place it. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Bay Bread and you must timely pay such taxes or amounts.
22. The Company’s Right to Refuse Service.
Bay Bread, in its sole and absolute discretion, reserves the right to refuse service to anyone, with or without cause or reason.
You may contact our Customer Service Representative at (415) 440-0356 x 420.
Copyright © 2005 Bay Bread, LLC. All rights reserved.