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Terms & Conditions

Terms of Use – Gracie Girl Bakery

Last Updated: August 26, 2019 

Acceptance of Terms of Service

Welcome! Thank you for visiting our Terms of Use Agreement (Terms of Use). These Terms of Use govern your use of this website, any branded websites that link to these terms, and the services and resources enabled therein. Please note that this Terms of Use Agreement is a legally binding contract between you, the user, and Gracie Girl Bakery. This website is operated by Gracie Girl Bakery. Throughout the site, the term “Company” refers to Gracie Girl Bakery. Gracie Girl Bakery offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. 

Please read these Terms of Use carefully. By clicking on the “I accept” button, you represent that (1) you have read, understand, and agree to be bound by these terms of use, including those additional terms of use and policies referenced herein and/or available by hyperlink, (2) you are of legal age to form a binding contract with Gracie Girl Bakery or you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site, and (3) you have the authority to enter into the terms of use personally or on behalf of the company you have named as the user, and to bind that company to the terms of use.

The term “you” refers to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content, individuals or legal entities. 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR SERVICES.

Changes to the Terms of Use. 

Gracie Girl Bakery can make changes to the Terms of Use at any time in its sole discretion without notifying the user. When changes are made, Gracie Girl Bakery will make a new copy of the Terms of Use available on the website and will also list the “Last Updated” date at the top of the Terms of Use. Any changes to the Terms of Use will be effective immediately for all users of the website and/or services. Gracie Girl Bakery may require you to provide consent to the updated Terms of Use in a specified manner before further use of the website and/or services is permitted. 

PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE CURRENT TERMS OF USE. 

Changes to the Website or Services. 

Like changes to the Terms of Use, Gracie Girl Bakery reserves the right to make changes to the website or services (or any part or content thereof) at any time in its sole discretion without notifying you. This includes discontinuing the website or services or any part of the website or services. 

This also means, Gracie Girl Bakery shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website or service (or any part or content thereof). 

Limitations on Users’ Use of the Website and Services. 

Gracie Girl Bakery reserves the right to refuse use of the website or services to any user or anyone for any reason or no reason at any time.

Gracie Girl Bakery has made this website available for visiting, shopping, placing orders, etc. and does not welcome illegal or bad activities.

By agreeing to use this service, you are also agreeing NOT to do or attempt to do any of the following activities:

  • reproduce, duplicate, copy, distribute, republish, download, display, reverse engineer, sell, resell or exploit any portion of or content on the Website or Service, use of the Website or Service, access to the Website or Service or any contact on the website through which the service is provided, without express written permission by us.
  • use our products for any unlawful or unauthorized purpose, to solicit others to perform or participate in unlawful acts, or violate our intellectual property rights or the intellectual property rights of others, 
  • submit false or misleading information, or collect or track the personal information of others, or use the website or services to spam, phish, pharm, pretext, spider, crawl, or scrape
  • upload or transmit any worms or viruses or any code of a destructive nature or any type of malicious code that will or may be used in a way that will affect the functionality or operation of the website or service or any other websites or the internet.
  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability 
  • use manual or automated software to download data from the website or services, break, copy, recreate, republish, or reverse engineer the website or services
  • use or access the website or services to build a competing or similar website.
  • use or access the website or services for any obscene or immoral purpose
  • interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

A BREACH OR VIOLATION OF ANY OF THE TERMS OF USE WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR USE OF THE WEBSITE OR SERVICES WITH OR WITHOUT NOTIFICATION TO YOU.

Content on the Website – User Content and Gracie Girl Bakery Content. 

User Content

There may be instances when users are posting content on the website or sending Gracie Girl Bakery content. That could be photos, reviews of products, personal information, etc. By clicking you agree to our Terms of Use, you agree to the following: 

  • You agree to grant us license to any information you post or send us. 

This means that if you send Gracie Girl Bakery creative ideas, suggestions, proposals, plans, reviews, or other materials, whether online, by email, postal mail, or otherwise by or without our request, you grant Gracie Girl Bakery a worldwide, perpetual, royalty-free license to use, reproduce, edit, distribute, translate, public, perform, or create derivative works for any purpose including commercial and advertising purposes in any medium. By granting us this license or right, we are under no obligation to: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

  • You agree not to infringe on any intellectual property rights.

Gracie Girl Bakery requires users to respect any and all intellectual property rights. By using Gracie Girl Bakery’s site and services, you agree that your comments, username or any other content will not violate the Company’s or any third-party’s intellectual property rights, including copyright, trademark, privacy, personality or other personal or proprietary right. 

  • You agree to not post or send any libelous, offensive, or unlawful content on our site or services. 

We don’t want any libelous, unlawful, abusive or obscene material on our site or services. By agreeing to these Terms of Use, you agree not to post, send, or otherwise make available any libelous, unlawful, abusive, or obscene material on Gracie Girl Bakery’s site or services. Furthermore, please do not pretend to be someone other than yourself. By agreeing to these Terms of Use, you also agree not to use false email addresses or otherwise mislead the Company or third-parties. Understand that you are solely responsible for any comments or content that you post, send or otherwise make available to the Company, and are responsible for their accuracy. Gracie Girl Bakery will not and do not take responsibility for user’s comments, nor will Gracie Girl Bakery assume any liability for any comments or content made available by you or any third-party. 

  • You agree that we can remove any of your content at any time for any reason. 

Gracie Girl Bakery is under no obligation to monitor, edit, or remove content, but it may if it determines in its sole discretion that the content is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. Gracie Girl Bakery may also remove content in its sole discretion if it violates any party’s intellectual property or these Terms of Use.

  • Note, any personal information you post or provide is governed by our Privacy Policy.

Gracie Girl Bakery Content

Gracie Girl Bakery also has some conditions regarding its own content that you must agree to by using our site or services. 

  • Gracie Girl Bakery can modify the site and services in its sole discretion at any time.

Gracie Girl Bakery will often need to make changes and corrections to the content on our site and services. Gracie Girl Bakery reserves the right to make changes to the content, including but not limited to product descriptions, on the site and services at any time, but the Company has no obligation to make updates to information. You agree that it is your responsibility to monitor changes to Gracie Girl Bakery’s content. 

  • Gracie Girl Bakery is not liable if information on the website and services is wrong. 

Gracie Girl Bakery is not responsible if information made available on this site is not accurate, complete, or current. The information on this site is general information. It should not be relied upon or used as the sole basis for decision making without consulting more accurate, more complete, and more timely sources. Any reliance on the information on this site and services is at your own risk. 

The same goes for historical information. Any historical information on the site and services is not current and is provided for your reference only. Any reliance on that information is at your own risk and you should consult primary more accurate, complete, and timely sources. 

  • Gracie Girl Bakery can make corrections at any time in its sole discretion. 

By agreeing to our Terms of Use, you acknowledge that our site and service content may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability; and, Gracie Girl Bakery reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

  • You agree that Gracie Girl Bakery is under no obligation to make changes or corrections to the content on our site and services. 

By agreeing to our Terms of Use, you agree that Gracie Girl Bakery is under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information. Please note, if Gracie Girl Bakery specified an update, that does not mean that all the information on the site or service has been modified or updated. 

Gracie Girl Bakery Intellectual Property Rights 

By agreeing to our Terms of Use, you acknowledge and agree that: 

  • If you buy a product, that doesn’t mean you own the intellectual property rights. 

Gracie Girl Bakery is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, trade secrets, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this site, or of any intellectual property rights relating to those products or services. 

Orders and Acceptance 

An order request does not guarantee acceptance by Gracie Girl Bakery. 

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Gracie Girl Bakery and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order within 24 hours of placing your order. You may cancel your order by emailing graciegirlbakery@gmail.com within 24 hours of submitting your order. 

You also agree to provide Gracie Girl Bakery with accurate contact information for order completion. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Shipping, Returns, and Cancellation Policy.

Prices and Payments 

Gracie Girl Bakery reserves the right to change prices at any time. 

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. Gracie Girl Bakery is not responsible for pricing, typographical or other errors in any offer by the Company and the Company reserves the right to cancel any orders arising from such errors. 

You agree that how you pay is determined by Gracie Girl Bakery. 

Terms of payment are within the Company’s sole discretion and payment must be received by Stripe before our acceptance of an order. Gracie Girl Bakery accepts Visa, Mastercard, American Express, and Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 

Disclaimer of Warranties

Gracie Girl Bakery wants to make sure users get the best products possible and great service on the site and services, but users and customers must have realistic expectations. 

Products might not look exactly like the pictures. 

Gracie Girl Bakery has made every effort to display the colors and images of our products as accurately as possible, but Gracie Girl Bakery cannot and does not guarantee that your computer monitor’s display of any color will be accurate. 

Gracie Girl Bakery does not guarantee customer satisfaction.

Gracie Girl Bakery does not warrant that the quality of any products, services, information, or any other material purchased or obtained by you will meet expectations. All products delivered to you through our website or services are provided as ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

Gracie Girl Bakery does not guarantee customer satisfaction in the use of the site and services.

By agreeing to our Terms of Use, you expressly agree that use of Gracie Girl Bakery’s site and services is at your own risk. 

The site and services are provided on an “as is” and “as available” basis. Gracie Girl Bakery expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. Gracie Girl Bakery makes no warranty that the services will meet your expectations, or that the services will be uninterrupted, timely, secure, or error free. 

ALL PRODUCTS, SERVICES, USE OF THE SITE AND SERVICES ARE PROVIDED “AS IS.” GRACIE GIRL BAKERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT IN REGARD TO THE GRACIE GIRL BAKERY SITE AND SERVICES AND ANY GRACIE GIRL BAKERY PRODUCTS. 

Gracie Girl Bakery is not responsible for any agreements entered into with other parties. 

You understand and agree that any products you obtain through use of the services is done at your own risk, and Gracie Girl Bakery makes no warranty regarding any dealings with or transactions entered into with any other parties through the services. 

Limited Liability 

You understand that in no case shall Gracie Girl Bakery or any of its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, or licensors be liable for any injury, loss, claim, or any indirect, incidental, special, consequential or exemplary damages (even if such parties were advised of the possibility of such damages) arising out of or related to your use of the website, services, or products, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise. The parties acknowledge that the terms of this paragraph reflect the allocation of risk set forth in this Terms of Use and that the parties would not enter into this agreement without these limitations of liability. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Links to Third Party Sites and Services 

Gracie Girl Bakery is not responsible or liable for the accuracy of the content, any harm or damages, or the efficacy of other third-party websites that are not affiliated with us. 

Gracie Girl Bakery may provide links to other third-party websites, but it is not responsible for monitoring their content for accuracy or any other purpose, nor does Gracie Girl Bakery warrant any materials, products, or services from third-party sites. 

Gracie Girl Bakery provides access to third-party tools “as is” and “as available” without any warranties, express or implied, or any endorsement. Any use by you of optional tools is entirely at your own risk and discretion. 

Third-party websites also have their own terms and conditions, privacy policies, and return policies, etc. that you should carefully review. Please make sure you understand them before engaging in any use with a third-party site. 

Indemnification 

You agree to indemnify, defend and hold harmless Gracie Girl Bakery, including all agents, contractors, interns, employees, representatives, suppliers, service providers, licensors, affiliates, officers and directors of Gracie Girl Bakery from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, including reasonable attorneys’ fees made by any third-party arising out of your breach of these Terms of Use and referenced policies, or by your violation or any law, or by your violation of the rights of any third-party.

Severability 

An issue in one portion of this Terms of Use does not invalidate the other provisions. 

If any provision or portion of this Terms of Use Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed severed from this Terms of Use agreement so that it is valid and enforceable to the maximum extent permitted by applicable law.

Waiver 

Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Governing Law 

This Terms of Use agreement and referenced policies therein are governed by the laws of the State of Wisconsin. 

Notice 

You agree that you are responsible for providing Gracie Girl Bakery with a valid and your most current email address so that Gracie Girl Bakery can provide you with notice. If your email address is not valid or Gracie Girl Bakery emailed you at an invalid or old email address provided by you, Gracie Girl Bakery’s dispatch of that email containing the notice constitutes effective notice.

Electronic Communications

You agree that emails and online communication for contractual means satisfy the legal requirement that those agreements be in writing. 

Assignment

The rights and obligations that you agreed to in this Terms of Use are yours and yours alone. You cannot assign, delegate, transfer, or shift these rights and obligations to another by any other means. Any attempt to do so will be considered null and void. 

Force Majeure 

Gracie Girl Bakery shall not be responsible or liable for any delay or failure to perform resulting from events outside its reasonable control. This includes events such as fires, floods, acts of God, strikes, shortages, war, terrorism, riots, embargos, acts of civil or military authorities, etc. 

Entire Agreement 

These Terms of Use and referenced policies are the final, complete and exclusive agreement between you and Gracie Girl Bakery and govern your use of the website, services, and products, and supersede all prior discussions, proposals, or understandings between you and Gracie Girl Bakery. 

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. 

Questions or Complaints

If you have any questions or complaints, please do not hesitate to reach out to our Customer Service Department at 715-669-3584

Shipping, Returns, and Cancellation Policy 

Shipping

Orders will be processed and scheduled for shipment within a week of the order placement. We will then get our baked goods on the road to you through Speedy Delivery shipping service. Title and risk of loss pass to you upon our transfer of the products to Speedy Delivery or any other carrier we use to ship our goods. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 

Customers are responsible for the cost of shipping and handling. No signature will be required upon delivery. 

If you experience any difficulties with shipping, please do not hesitate to contact us at shipping@graciegirlbakery.com

Returns and Refunds 

Purchases from Gracie Girl Bakery are non-returnable and may be non-refundable. However, if for any reason you are unhappy with your purchase, we are eager to help! Please reach out to us at returns@graciegirlbakery.com

Cancellation Policy 

Gracie Girl Bakery permits customers to cancel their orders within 24 hours of placing the order. If you need to cancel an order, please call our Customer Service Department at 715-669-3584 to complete the cancellation. 

Gracie Girl Bakery