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terms of sale
Terms of Sale
Last revised: November 7th, 2020
Orders for in-stock merchandise are generally processed and shipped within 1-3 business days. Shipment will be by ground service and upon shipment products should arrive between 2-5 business days, although any date or time quoted for delivery is an estimate only as delivery is in the control of our shipping partners and not bakerly.
The purchase of products on the Site is subject to availability and is not guaranteed. If merchandise is currently out-of-stock, we will attempt to flag that on the Site. In the unlikely event that an item you order is out of stock, our Customer Care team will contact you and you will have the option to either place an updated order (without the out of stock item) or cancel the entire order without charge. In either case you can request to be notified by email when the product is back in stock.
Orders will only be shipped and delivered to addresses located within the lower 48 contiguous continental states of the United States, and the District of Columbia. An order may only be shipped to one delivery address. Once the order has been shipped, you cannot make modifications to the shipping address. You must contact the shipping partner directly with respect to any questions or issues you may have regarding shipping.
The merchandise you order may arrive in more than one box, but you will not incur any additional shipping charges under such circumstances. The total charges for all shipments, including the shipping charges, will be shown during the checkout process.
You can reorder a previous order by visiting your account page.
We use multiple shipping providers to deliver products. Currently ground shipping is free for orders over $30. For orders equal to or less than $30, shipping charges will vary based on the quantity of products ordered. We do not ship to any PO Box, APO or FPO addresses.
A shipment confirmation containing the tracking number will be emailed to you when your order ships.
Risk of Loss; DISCLAIMERS; releases and indemnification
THE RISK OF LOSS WITH RESPECT TO PRODUCTS SHALL PASS TO YOU WHEN WE DELIVER THE PRODUCTS TO OUR SHIPPING PARTNER. IT IS YOUR SOLE RESPONSIBILITY TO PROVIDE A SAFE AND CORRECT SHIPPING ADDRESS ACCESSIBLE TO OUR SELECTED SHIPPING PARTNER. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND RELEASE US WITH RESPECT TO ANY AND ALL LIABILITY IN THE EVENT YOU (A) PROVIDE AN INCORRECT DELIVERY ADDRESS DURING THE CHECKOUT PROCESS AND/OR (B) FAIL TO COLLECT THE PRODUCTS FROM THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS, INCLUDING IN THE EVENT THAT YOUR DELAY OR FAILURE TO COLLECT THE PRODUCTS LEADS TO DESTRUCTION OR SPOILAGE OF PRODUCTS DUE TO WEATHER, THEFT OR OTHER CAUSES OUTSIDE OF BAKERLY’S CONTROL. ADDITIONALLY, YOU AGREE TO LOOK SOLELY TO ANY THIRD PARTIES THAT PROVIDE SERVICES RELATED TO YOUR PURCHASE OF PRODUCTS ON THIS SITE IN CONNECTION WITH CLAIMS AGAINST SUCH THIRD PARTIES, INCLUDING WITHOUT LIMITATION THAT YOU AGREE TO LOOK SOLELY TO OUR SHIPPING PARTNERS (AND NOT TO BAKERLY) WITH RESPECT TO ANY AND ALL CLAIMS FOR DAMAGE TO PRODUCTS WHILE IN TRANSIT AND YOU AGREE TO LOOK SOLELY TO APPLICABLE CREDIT CARD PROCESSORS (AND NOT TO BAKERLY) WITH RESPECT TO ANY AND ALL CLAIMS RELATED TO CREDIT CARD PROCESSING AND RELATED MATTERS. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND RELEASE US WITH RESPECT TO ANY AND ALL CLAIMS DESCRIBED IN THE PRECEDING SENTENCE.
All products provided through the Site are provided on an “as is” basis. To the extent permitted by applicable law, bakerly disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
You agree, at your own expense, to defend, indemnify and hold harmless bakerly, its officers, agents, employees and members, from and against any and all losses, costs, damages, claims, liabilities or expenses of any kind, including without limitation reasonable attorneys' fees, to the extent arising out of or resulting from, directly or indirectly, any claims with respect to: (i) your violation of these Terms of Sale and/or applicable laws, regulations and other governing authorities; or (ii) your acts or omissions (including without limitation any modification to, or improper use of, products purchased through the Site.
PRICING & DESCRIPTION ERRORS
We do our best to describe every item or product offered on the Site as accurately as possible. However, we do not warrant or guarantee that product descriptions, specifications, or pricing on our Site is complete, accurate, reliable, current or error-free. Additionally, while we have tried to accurately display the colors and other characteristics of products on the Site, the actual colors and characteristics you see will depend on your monitor and may not be accurate. In the event of any errors relating to the pricing, characteristics or specifications of any item or product, bakerly shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other payment account prior to cancellation, we will issue a credit to your account in the amount of the charge.
We currently accept Visa, Mastercard, American Express, PayPal, Google Pay, Apple Pay and Amazon Pay. Your credit card will be charged when your order is shipped. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable to you for any delay or non-delivery of your order.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Once you submit an order on the Site, we can’t guarantee changes or cancellations after the order has been submitted. If you would like to have us attempt to make changes to, or cancel, your order following submission, please contact Customer Service at:
Telephone: 1-786-539-5888- Monday through Friday 9:00 AM-6:00 PM (Eastern Time)
Any order cancelled by bakerly will be promptly refunded.
RETURNS & REFUNDS
You acknowledge and agree that the products are perishable, that you must inspect them upon receipt and that we do not accept returns. If you are not satisfied with any products upon inspection, please contact Customer Service. bakerly will evaluate all claims and, if bakerly determines a product is defective due to the acts or omissions of bakerly, then we may re-ship the applicable product, issue a refund or credit the purchase price to your account for use against future sales, as we determine. bakerly reserves the right to require evidence supporting any claims (including, without limitation, photographic evidence). We can only refund the credit card on file.
We reserve the right to deny any claim if it is unsupported or if you fail to comply with these Terms of Sale.
All prices shown on the Site are in U.S. Dollars and, unless otherwise noted, are exclusive of packaging, freight, insurance, customs, duties or similar taxes or levies.
We reserve the right to change prices at any time without notice to you, provided that any changes made after your order is submitted will not apply retroactively. bakerly auto delivery service and other subscription orders are deemed to be submitted as of the date of the respective shipment.
DISCOUNTS & PROMOTIONS
We occasionally offer discounts and coupons codes. While the terms and conditions for each promotion will vary, most of our offers last for a limited time, and have associated promotional codes that can only be used once per customer and cannot be combined with other offers. Promotional shipping offers will apply to orders that meet the particular promotional guidelines, such as the applicable merchandise total (before tax and shipping/handling charges are applied) and the requirement that the order be shipped to a single address. Generally, shipping promotions will only apply to standard shipping, unless otherwise noted. We reserve the right to reject or cancel any order that does not comply with these Terms of Sale. In the event of any inconsistency between the discount code terms and conditions and these Terms of Sale, the discount code terms and conditions shall prevail.
Limitations of Liability
NEITHER BAKERLY NOR ITS OFFICERS, AGENTS, EMPLOYEES, MEMBERS OR ASSIGNS, IS OR SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS OF SALE OR THE MANUFACTURE OR SALE OF PRODUCTS HEREUNDER, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. BAKERLY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO SALES OF PRODUCTS TO YOU HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO THE CLAIM.
bakerly shall not be liable or responsible to you, nor be deemed to have defaulted under these Terms of Sale, for any failure or delay in fulfilling or performing any term hereof, when and to the extent such failure or delay is caused by or results from acts beyond bakerly's reasonable control, including, without limitation: (i) acts of God; (ii) flood, fire, earthquake or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) applicable laws, regulations and other governing authorities; (v) actions, embargoes or blockades; (vi) action by any governmental authority; (vii) national or regional emergency; (viii) strikes, labor stoppages or slowdowns or other industrial disturbances; and (ix) shortage of adequate power or transportation facilities.
SUBSCRIPTION – Bake and Send (Auto bake)
The bakerly auto delivery service is our subscription service that automatically delivers products on a recurring basis (e.g., every 1, 2, 3, or 4 weeks/months). You can join bakerly auto delivery service by selecting the bakerly auto bake option on a product page and checking out.
You can add products, skip shipments, edit shipping information, or cancel your order at https://bakerly.com/tools/checkout/api/manage/subscription/app.
BY SIGNING UP FOR BAKERLY SUBSCRIPTION – AUTO BAKE - WITH A RECURRING SHIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR ORDER WILL AUTOMATICALLY BE PROCESSED AND SHIPPED ON A RECURRING BASIS AS SELECTED BY YOU UNTIL YOU END YOUR SUBSCRIPTION OR CANCEL YOUR RECURRING ORDER. Your payment method will automatically be charged for each successive shipment at the then-current price until you provide prior notice that you wish to cancel your subscription or change your product selection. Notwithstanding anything to the contrary contained herein, prices are subject to change at any time during the term of your subscription. To cancel your auto delivery subscription, log into your account. From the account dashboard menu, click on ‘Manage My Subscription’. Here you will see a list of your product subscriptions. Click ‘Cancel’ next to the item you’d like to cancel. Confirm you’d like to cancel the product by clicking ‘Cancel Subscription’ in the next window. If you are subscribed to multiple products, you’ll need to cancel each product individually using the above steps. Any orders that have shipped prior to cancelling will not be refunded.
You may opt out of this agreement to arbitrate. If you do so, neither you nor bakerly can require the other to participate in an arbitration proceeding. To opt out, you must notify bakerly in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
2600 Douglas Rd, Suite 410
Coral Gables, FL 33134
You must include your name and residence address, the email address you use for your bakerly account, and a clear and specific statement that you want to unconditionally opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with bakerly.