STORE POLICY
Terms and Condition
TERMS AND CONDITIONS FOR VISITORS
This website bake4me.ca ("the Site") is owned and operated by Bake4Me Bakery Corp. trading as "us", "our" or "we”” seller”.
Bake4Me Bakery Corp. is an incorporated company incorporated in Canada.
This Agreement together with Order Confirmation documents provided constitute the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations, and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent that such statement, representation, warranty, or understanding is incorporated into this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement, representation, warranty or understanding made prior to this Agreement. Nothing in this paragraph excludes any liability for fraudulent misrepresentation.
In the event that any one or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted.
The parties agree to submit to the non-exclusive jurisdiction of the courts.
The terms as follows form the basis of contract between our client and Bake4Me and its subsidiaries. These terms guide all aspects of your order, purchase, and transaction with Bake4Me and are considered by us the whole agreement between you and us for the sale of all baked and digital goods. It is your responsibility to check all details in the order confirmation are complete and accurate as this is the document we work with to complete your order.
Any headings utilised in this Agreement have been inserted for the convenience of reference only and should in no way restrict or otherwise affect the construction of the terms and conditions hereof. Every part of this agreement stands true for all our baked goods and not restricted to the specific item in the sentence. Cakes and baked goods can be used interchangeably.
The terms as follows form the basis of contract between our client and Bake4Me and its subsidiaries. These terms guide all aspects of your order, purchase, and transaction with Bake4Me and are considered by us the whole agreement between you and us for the sale of all baked and digital goods. It is your responsibility to check all details in the order confirmation are complete and accurate as this is the document we work with to complete your order.
TERMS OF TRANSACTION
The following constitutes a legal agreement between a visitor "you” (” buyer”) and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.
Your registration or finalized transaction on the website will be taken as an agreement to the terms and conditions of the company. When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your username or password with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.
Our Site is established to enable you to chose and purchase products (physical/digital) from our Site that we offer for sale online.
ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us. Kindly review the terms and conditions from time to time to be aware of any recent updates to our terms.
TERMS & CONDITIONS FOR PURCHASE OF PRODUCTS
1. These terms and conditions shall apply to the sale of the Products by Bake4Me Bakery Corp. to you to the exclusion of all other terms and conditions referred where you have agreed to such variation in writing and by way of signature. By ordering from Bake4Me Bakery Corp., you agree to be legally bound by these Terms and Conditions and accept that these conditions may be modified or amended and posted on the Site from time to time.
2. Please note that to place an order, we normally require at least 72 hours’ notice.
3. Our opening times are Mondays to Saturdays from 9am to 5pm.
4. Orders placed outside our working hours will be attended to on the next working day.
5. Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order. This order confirmation acts as an invoice.
6. Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.
7. Any samples, drawings, or descriptions we issue and any descriptions or illustrations contained on our website are issued solely to provide you with an approximate idea of the cake designs possible and remain the property of Bake4Me.
8. We take delight in creating our own designs but if you insist, we copy a design outrightly, we will bear no responsibility for copyright infringement. You would be expected to attend to any of those kinds of claims. However, we can take inspiration from the vast variety of designs in the public domain without outrightly copying their work.
9. Quotations are valid for a period of 14 calendar days from the day of issue. New quotes will be sent out on day 15 to cater for any adjustments in the cost of production. Cake sizes quoted are in inches and might vary by 0.5-1 inch based on the design or baking process.
10. No contract is made with you until we have received your full payment or deposit based on the type of product being ordered. Once your full payment or deposit has been received you are in a legally binding contract with Bake4Me.
PRODUCT INFORMATION
1. The images on our website or social media pages are examples of our cakes. All our products are handmade and can be ordered in different sizes from those shown on the website or social media pages.
2. Due to the above mentioned, your product may have variations from the images on the website or social media pages.
3. All designs and intellectual property rights remain the property of Bake4Me.
3. We reserve the right to use images of your cake for any form of advertising including web-based promotions, brochures, galleries, and competitions. It is advisable that you make a copy of all documentation received from Bake4Me for your own benefit.
4. If flowers are provided by an outside source, we will place them for an additional fee. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants and must be removed along with any floristry tape and wire before consuming the cake.
5. We reserve the right to replace items with component parts of equal or better quality without consultation if those items become unavailable.
6. If your cake contains figures made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels for reinforcement.
7. Layered and Tiered cakes stacked cakes contain dowels to provide support and these should be removed before consumption. And it shouldn’t be used as SMASH cakes to prevent any form of injury. Kindly highlight the use of your cake as a SMASH cake, so that we will not use any of these dowels or pipes. We will not take responsibility for any of such accidents.
PRICE & PAYMENT
1.Please note that Bake4Me Bakery Corp. requires 100% non-refundable payment to confirm the Buyer’s order.
1b. However, custom orders above $500 can be paid in installments, 70%-part payment must be made once invoice is received by customer and the final 30% balance, 72hrs before pick-up time.
2. The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.
2b. Our site contains many Products, and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product's correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product's correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
3. Our prices presently exclude VAT and delivery costs. Items will be added to the total amount due before completion of your order.
4. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
5. Orders CANNOT be cancelled with less than 48 hours’ notice. This order can only be rescheduled just once.
6. Payment for all online Products must be made via our Site either by debit card or transfer, and transfers to account details on invoices sent and those accepted by us are those listed on our website on the date when your order is placed. We will send you an email upon receipt of payment.
7. All debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of to meet a payment expectation, we will not be liable for any delay or non-delivery of the Products ordered.
DESIGNS
1. Where samples of Products are shown to the Buyer, the Buyer hereby accepts that they consider such samples to be representation of Products. Any description applied to the Goods is only given by way of identification and does not constitute a sale by description.
2. The buyer will be required to choose a design for the celebration cakes purchased. Where the buyer does not specify the preferred design for the celebration cakes, Bake4Me Bakery Corp. will use its discretion to design the cake.
3. We cannot guarantee an exact replica of any cake. However, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.
4. Where the buyer is not satisfied with the design of the cake, any alterations will be at the discretion of Bake4Me Bakery Corp.
5. We will not be held responsible for the Buyer’s disappointment of the design or the interpretation if it is made in line with the Buyer’s pre agreed requirements set out in the order confirmation and will face no consequent liability.
6. It is the buyer’s responsibility to ensure all details within the order confirmation are correct and meet their exact requirements.
7. Accessories and toppers such as flowers, fresh or artificial, toppers, berries, etc., are subject to availability. the seller will inform the buyer where there is no availability at least 24 hours before the collection date.
ALTERATIONS
1. If you have any queries or need to make any changes to an order, please contact us at preferably via phone call, 4373244720 then email bake4mecanada@gmail, immediately.
2. Alterations and amendments must be communicated in writing. We will assess the request for an alteration and its related charge, and endeavour to make alterations where possible, dependent on the design and the amount of notice given.
3. Accepting any alterations is at the discretion of Bake4Me Bakery Corp.
4. Alterations requested less than 48 hours before completion may be subject to a surcharge.
5. We reserve the right to change the design of a cake order at any point if circumstances beyond our control compromise the quality of the finished product. The Buyer will be notified of any such changes, and we will endeavour to keep any changes minimal.
6. Please be aware that the customer service department is closed on Sundays. Any amendments or cancellations for orders due between Tuesday and Sunday must be made at least 48 hours before the day your order is due. For orders due on Monday, amendments and cancellations must be made 72 hours before the day your order is due.
AVAILABILITY, DELIVERY & COLLECTION
1. Slots book up fast in advance and Next Day Delivery cannot be guaranteed to be always available if other customers have booked their order in advance for the day you require. To avoid disappointment, booking as far in advance as possible is advised as our handmade products require time to prepare.
3. You are expected to pick up your order during our working hours.
4. If for any reason you find yourself unable to collect your order from the designated shop within the given time slot, we will retain your ordered Products for collection by you for 24 hours. However, please note that we will not be held responsible for products not picked up on the agreed pick-up date.
6. Bake4Me Bakery Corp. will not take back any undamaged goods from the buyer unless agreed in writing by Bake4Me Bakery Corp.
7. We cannot be held liable for damages to the cake or products once they have been picked up by the Buyer.
8. We cannot be held liable for damages to products delivered, once the products have been set up at the venue or delivery location and we have received a signature for the safe receipt of the goods on our delivery note (we will deliver with a delivery note).
9. Due to the fragile nature of our products, we advise that the collection vehicle is driven carefully, well airconditioned, has a flat surface, and is clean and tidy. This is the responsibility of the Buyer. We will not be liable for any damage during the delivery process by an outsourced company or Uber. We have a contact list of delivery companies for your choosing, but we will not be liable for any mistake made on their part.
10. We will always endeavour to dispatch the products within the allocated time slot. However, delivery timings cannot be specified or guaranteed. However, if no one is present to receive the cake at the time of agreed delivery to address given, the cake will be returned to the bakery at a cost to the client. Also, it will be re-delivered at a cost to the client.
11. Bake4Me Bakery Corp. will not be held liable for deliveries delayed by factors beyond our control e.g., traffic, heavy rain, flood, etc.
12. In the event of anticipated delays, Bake4Me Bakery Corp. will inform the Buyer immediately.
13. Refunds will not be given for delayed deliveries especially in unforeseen circumstances, as stated above. If in the unlikely event the delivery is delayed, we will always endeavour to deliver the products to you as soon as possible.
14. If you agree to use any of our shipping partners, Bake4Me Bakery does not offer refunds for delays caused by our shipping partners due to weather, mechanical error, strikes, natural disaster, inaccurate shipping information, mistakes on the part of our shipping partners’ employees or similar reasons.
15. Upon collection/delivery, it is important to note that Products displayed outside are liable to react to the temperature. In hot or humid environments, there is the possibility of decorations melting or damage to Products as all our cakes are covered in buttercream or whipped cream. We, therefore, advise the Buyer takes this into consideration when placing an order.
15. We do not provide cake tables, tablecloths or cutting knives.
16. It is the responsibility of the buyer to provide these or check with the venue to ensure these items are provided.
17. ALL our cakes MUST be refrigerated to avoid damage.
18. Our Products may contain non-edible ingredients or decorations, such as non-edible printed pictures, toppers, dowels, and wires. These must be removed before serving or eating. As such these cakes cannot be used as smash cakes.
19. Kindly inform us if your intention is to use the cakes as a smash cake so that we can make these products for that purpose.
20. When delivering to a wedding or celebration venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the wedding cake we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. Should the venue need to set up the cake themselves we shall explain how the cake is to be displayed and where possible obtain a signature to verify we have done so. Once the cake has been delivered we are unable to accept any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.
Privacy Policy
Dated 18th October,2023
This Privacy Policy explains how Bake4Me and its subsidiaries and affiliated companies (“Company,” “we,” or “us”) collects, uses, and discloses information about you. This Privacy Policy applies when you use our websites, mobile applications, and other online products and services that link to this Privacy Policy and to our products available in our retail stores (collectively, our “Services”), shop in our stores, contact our customer service team, engage with us on social media, or otherwise interact with us.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
COLLECTION OF INFORMATION
We collect information you provide directly to us. For example, you share information directly with us when you create an account, fill out a form, submit or post content through our Services, make a purchase, communicate with us via third-party platforms, participate in a contest or promotion, request customer support, or otherwise communicate with us. When you access or use our Services or otherwise transact business with us, we automatically collect information which may include your name, email address, phone number and payment information, and any other information you choose to provide. This also includes information from third party sources.
USE OF INFORMATION
We use the information we collect to infer that you are looking to purchase certain products based on your browsing behavior and past purchases or to deliver the products and services you request and customize your experience with us. We also use the information we collect to:
• Provide, maintain, and improve our products and services;
• Process transactions, fulfill your order and send you related information, including confirmations, receipts, invoices, customer experience surveys, and recall notices;
• Maintain and service your account;
• Verify your information;
• Personalize and improve your experience on our Services;
• Send you technical notices, security alerts, and support and administrative messages;
• Respond to your comments and questions and provide customer service;
• Communicate with you about products, services, and events offered by the Company and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
• Monitor and analyze trends, usage, and activities in connection with our Services;
• Personalize the advertisements you see on third-party platforms and websites (for more information, see the Advertising and Analytics section below);
• Audit interactions with you;
• Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of the Company and others;
• Debug to identify and repair errors in our Services;
• Comply with our legal and financial obligations; and
• Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
We share personal information in the following circumstances or as otherwise described in this policy:
• We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, and marketing and advertising.
• If you submit a product review or post content in another public area of our Services, we share this information publicly on our Services.
• If you choose to use integrations we offer on our Services, we may share certain information with the integration partners.
• We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
• We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of the Company, our users, the public, or others.
• We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
• We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
• Personal information is shared between and among the Company and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.
• We share personal information with your consent or at your direction.
We also share aggregated or de-identified information that cannot reasonably be used to identify you.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.
Communications Preferences
You may opt out of receiving promotional emails from the Company by following the instructions in those communications or by clicking the opt-out preference link in the email you received or managing your communication preferences in your account settings menu. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications
With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
CONTACT US
If you have any questions about this Privacy Policy, please contact us at bake4mecanada@gmail.com.
Refund Policy
1. We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the size or wording is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, or of poor quality, please either return to the bakery or notify us within 12 hours via email at bake4mecanada@gmail.com including an image of the Product as you received it and your order number. If a product is not as on the Order Confirmation or damaged, we will correct, replace, or refund your purchase. Subject to our report on the claimed damage and to the Terms and Conditions we will refund the price you paid for the returned Products. We will have no liability to you for any indirect loss.
2. Since taste is a very personal matter and subjective, we cannot accept the return of any Products merely because you do not like the taste.
3. We have made every effort to display as accurately as possible the colours of our products that appear on our Site and to ensure that the colours on screen are as close as possible to the colours of the actual product. However, all products are made by hand so colours may vary. Accordingly, we cannot accept the return of any product because it does not match the shade you were expecting.
4. If you wish to make a complaint to us or let us know any concerns after receiving the Products, please do so in writing by sending us an email to bake4mecanada@gmail.com . Evidence of any faults, damages or discrepancies should be included.
5. Refunds or replacements will be given at the discretion of Bake4Me Bakery Corp.
6. The provisions of this clause do not affect your statutory rights.
OUR RIGHT TO VARY THESE TERMS & CONDITIONS
1. We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
2. You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice/order confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
RISK
1. The Products will be at your risk from the time you collect the Products from our kitchen, or we deliver them to you.
2. Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
YOUR AGREEMENTS
YOU AGREE that: -
A. it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site.
B. it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you.
C. it is your responsibility to maintain the confidentiality and security of your Personal Data especially your username and password. You will not allow others to use your username or password and you will notify us immediately of any unauthorised use of either of them. We shall not be responsible for any losses arising out of the unauthorised use of your username or password and you agree to indemnify and hold us harmless, for any improper, unauthorised, or illegal uses of the same.
D. we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made.
E. whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm, or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
F. you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
G. variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences but cannot be held responsible for specific operational differences.
SYSTEM REQUIREMENTS
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
MISUSE OF THE SITE
1. We reserve the right to suspend or terminate your access to the Site or parts of it, if we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated, you will not be permitted to re-register or to re-access the Site without our prior consent.
2. You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.
INDEMNITY
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
ASSIGNMENT
1. You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
2. We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
GENERAL
1. We may require you to change your username or password or any other information which permits you access to purchase Products from the Site.
2. We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage, or cost because of such unavailability.
3. Our liability for losses you suffer because of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
4. We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you because of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect, or consequential loss or loss of data.
5. We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you because of any downtime which may occur upon the Site.
6. The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors, and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to bake4mecanada@gmail.com .
7. We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
8. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
9. We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
10. Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.
11. We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded, or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.
INTELLECTUAL PROPERTY RIGHTS
1. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed five hundred Canadian dollars ($500.00).
Concerning the Site:
2. You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
3. We make no warranty that any device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
4. Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.
5. Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental, or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
Concerning the Products:
6. The Products ordered are fresh on the day of delivery to or collection by you and will remain fresh for a further 1 week from the time of delivery or collection if kept by you in an airtight container/bag and in the refrigerator. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
7. Products which were due to be collected by you from our kitchen and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, will be kept by us. However, we would not be held liable for the condition of the Products at pick up or delivery after the stipulated or previously agreed date of collection.
8. We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from our kitchen if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.
9. Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 3 hours of delivery by us or collection by you or your courier/agent.
10. All our products are made in a kitchen that handles nuts, gluten/wheat, dairy, egg, and soya. However, since our kitchens handle nuts, we cannot guarantee that traces of nuts will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.
THIRD PARTY RIGHTS
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Privity of contract rule.
LAW & LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Canadian Law governs this Agreement and your use of the Site, and you expressly agree that the Canadian courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
ACKNOWLEDGEMENTS
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement and continuing to use this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of this Agreement which is available from every page of our website bake4me.ca.
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