TERMS OF SERVICE FOR THE ANDERSEN’S DANISH BAKERY AND RESTAURANT, LLC
Last Updated: February 13, 2023
Please read these Terms of Service carefully before purchasing, accessing or using any of our Products.
TERMS OF SERVICE
By purchasing any of our Products (“Materials”) from The Andersen’s Danish Bakery and Restaurant, LLC (“Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern the sale of the Product and that form a legal agreement between you and the Company, its affiliated subsidiaries and related entities. The term “you” refers to any purchaser and/or user of any of our Products.
By purchasing any of our Products you are agreeing to the Terms of Service as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Service, please do not purchase our Product(s).
CHANGES TO TERMS OF SERVICE
We reserve the right to amend or update these Terms of Service at any time with or without notice to you, and may also add new features or functionality to, or change or remove existing features or functionality from, the Product(s) that will be subject to the Terms of Service. Any User who continues to use the Product(s) after any changes are made will be deemed to have agreed to those changes. By accepting these Terms of Service, you acknowledge that you have read them carefully.
These Terms of Service require that dispute between you and Company will be resolved by binding, individual arbitration on an individual basis, rather than jury trial, and limit the remedies available to you in the event of a dispute. You understand that you waive your right to participate in a class action lawsuit or class-wide-arbitration and that you are waiving certain other legal rights and you are voluntarily agreeing to do so.
USE AND CONSENT
All of our Products are intended solely for users who are eighteen (18) years of age or older. Any purchase of our Products by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Service. By purchasing our Products, you represent and warrant that you are at least 18 years old.
ACCURACY OF MATERIALS
Company makes every effort to accurately describe and display our Products on our Website. You agree and acknowledge that, from time to time, items might be mis-priced, described in an inaccurate manner or unavailable. Company does not guarantee the accuracy or completeness of the information provided on our Website relating to the Product prices, exact Product functionality, purpose of use, fitness for a particular purpose, colors, shapes or sizes as depicted on our Website or regarding any Product availability.
SHIPPING POLICIES- WE BAKE, WE SHIP, SAME DAY
Title and risk of loss or damage to any Products passes to the purchaser upon delivery by us to the carrier for shipment of any Product(s) You purchase.
For overnight pricing email firstname.lastname@example.org or call 805-962-5085.
Our large real viking hearts (still speak the language) wants our products to arrive to your destination as fresh as possible so you can experience, the same we do, almost right out of the oven which cannot be beat…and that is why WE BAKE THE SAME DAY WE SHIP your order.
We use UPS or USPS as our carrier, which can do overnight, 2 days, or some items ship ground.
We ship Monday through Wednesday, if destination is within California, then Thursday too.
Mother Nature we adore and love. She has a mind and will of her own sometimes, and she is out of our control.
Therefore we are not responsible for Mother Nature’s delaying our Carriers if any delay.
Orders placed on Wednesday pm will ship the following Monday.
P.O BOXES is only shipped to through USPS.
TAXES AND OTHER CHARGES
Company shall include California sales tax on all Products purchased. You agree and acknowledge that should Company be legally required to collect any additional taxes at the point of sale, all applicable taxes shall be added to the purchase price, unless a tax exemption is applicable.
RETURNS AND EXCHANGES
Due to the nature of the products, we do not accept returns or exchanges. You agree and acknowledge that any items purchased cannot be returned to Company. Sale items and all items listed as “Final Sale” are not eligible for returns or exchanges.
INTELLECTUAL PROPERTY RIGHTS
Our Products derived from, are the property of Company and/or our affiliates or licensors, and are protected by US Patent and Trademark laws, copyright laws and other intellectual property laws. When you purchase a Product, you are agreeing that you are clearly and expressly prohibited from copying in whole or in part.
By purchasing our Products, you specifically acknowledge and agree that you are expressly prohibit from the following:
- You shall not engage in improper and/or unauthorized use of our Products, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium, for your own business/commercial use or in any way that earns you money.
- You shall not participate in the following:
- Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Products.
- Representing yourself out to be the creator of our Products in whole or in part.
- Engage in any activity using our Products for your personal use, in a business/commercial use or in any way that earns you money.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Products as set forth in these Terms of Service is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Any trademarks, taglines, and logos displayed on Products are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Products titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
OUR LIMITED LICENSE TO YOU
Our Products are protected by copyright, trademark, and other intellectual property laws, and is solely owned by or licensed to us, unless otherwise indicated. This includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Service.
By purchasing our Products, you are being granted a limited license and as such are considered to be a Licensee. As a Licensee, you are granted the expressed permission to purchase and use our Products for your personal use.
REQUEST FOR PERMISSION TO SELL OUR PRODUCTS
Any request for written permission to sell our Products, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to email@example.com.
The email should clearly state the following:
- Your intent to sell our Products, in whole or in part, and the specific name of the Products you wish to use;
- The specific manner in which you wish to use the Products
Should you be granted permission by Company to sell the requested Products, you agree to use the Products only in the manner in which Company give specific written permission to do so.
If you use the Products in ways that are not specifically granted to you by Company’s expressed written permission, you agree that Company shall have all remedies available to us under the law as if you had copied, duplicated and/or stolen such Products in direction violation of Intellectual Property and ownership rights as well as a direct violation of these Terms of Service.
ASSUMPTION OF RISK & DISCLAIMER
As a Licensee, you agree that using our Products are done at your own risk and acknowledge that these Products are for personal use only. You assume all risks. Company takes every precaution to produce our Products in a sterile and sanitary environment, however, Company makes no guarantees related to preparation and/or condition of any Products, aside from any responsibility as guaranteed by law.
Company expressly excludes any and all liability for direct, indirect or consequential loss or damage incurred by you or others by using or in connection with the consumption of our Products, to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
You agree and acknowledge that Company is not responsible for any allergic reactions which may occur from consuming our Products. All ingredients are listed directly on the Product therefore it is Your sole responsibility to review the ingredients listed and determine whether or not an allergy exists. You agree and acknowledge that should You have any questions or concerns regarding a Product’s ingredients, that you shall send an email to firstname.lastname@example.org. Do not disregard professional medical advice or delay seeking professional advice before consuming our Products. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Service or in any other agreement with us.
LIMITATION OF LIABILITY
We will not be held responsible or assume any liability in any way for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Products, or in any way or in any location. In the event that you use our Products any other information provided by us or affiliated with us, we assume no responsibility.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Products, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
These Terms of Service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Products that you are waiving certain legal rights and you are voluntarily agreeing to do so.
PURCHASE AND ONLINE COMMERCE
By purchasing or accessing our Products, you grant permission to Company to automatically charge your credit, debit card or PayPal account as a method for payment without any additional authorization, for which you shall receive an electronic receipt of such transaction.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Products, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
You agree to only purchase goods for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Products (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Products and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
It is the intent of Company that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at email@example.com and include all of your reasons for dissatisfaction with your Product. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Products, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.
You also agree that should arbitration take place, it will be held in Santa Barbara, California and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Service are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
These Terms of Service shall be governed by the laws of the State of California, regardless of the conflict of laws principles thereof.
If you have any questions about any term of these Terms of Service, please contact us at firstname.lastname@example.org. Thank you.