Terms of service
OVERVIEW
This website is operated by dbakers LLC, doing business as dbakers Miami. Throughout the site, the terms “we”, “us” and “our” refer to dbakers LLC (dbakers Miami). dbakers 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.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that 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.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.
This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online and may have limited quantities. These products are subject to return or exchange only according to our Refund Policy.
We have made every effort to display product colors and images as accurately as possible. We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right to limit sales by person, region, or jurisdiction and to limit quantities offered. All product descriptions and pricing are subject to change without notice. Any offer on this site is void where prohibited.
We do not warrant that the quality of any products or services will meet your expectations or that any errors will be corrected.
SECTION 6 – CUSTOM AND PERISHABLE PRODUCTS
Many of our products are custom-made and/or perishable food items.
Due to the nature of these products, all sales are final once production has begun. Custom orders require advance preparation, materials, and labor and therefore cannot be canceled, refunded, or modified once production has started.
Perishable food items are not eligible for returns or exchanges under any circumstances.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order. Restrictions may apply to orders placed under the same account, credit card, or billing/shipping address.
If an order is modified or canceled, we may attempt to notify you using the contact information provided at checkout.
You agree to provide current, complete, and accurate purchase and account information and to promptly update such information as needed.
Payment processing fees charged by third-party payment providers are non-refundable once a transaction has been processed.
For more details, please review our Refund Policy.
SECTION 8 – OPTIONAL TOOLS
We may provide access to third-party tools provided “as is” and “as available” without warranties or endorsements. We are not liable for any issues arising from their use.
SECTION 9 – THIRD-PARTY LINKS
Third-party links may direct you to websites not affiliated with us. We are not responsible for the content, accuracy, or practices of third-party sites.
SECTION 10 – USER COMMENTS AND SUBMISSIONS
Any comments or submissions you provide may be used by us without restriction. We are under no obligation to maintain comments in confidence, compensate you, or respond.
You are solely responsible for your comments and their accuracy.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors or inaccuracies and to cancel orders if information is incorrect at any time without prior notice.
SECTION 13 – PROHIBITED USES
You are prohibited from using the site or its content for unlawful purposes, violating intellectual property rights, submitting false information, transmitting malware, harvesting personal data, or interfering with security features.
We reserve the right to terminate your use for violations.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The service and all products are provided “as is” and “as available” without warranties of any kind.
In no event shall dbakers LLC be liable for any direct, indirect, incidental, punitive, or consequential damages arising from use of the service or products.
Some jurisdictions do not allow limitations of liability; in such cases, liability is limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify and hold harmless dbakers LLC and its affiliates from any claims arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 16 – SEVERABILITY
If any provision is deemed unlawful or unenforceable, the remaining provisions shall remain in effect.
SECTION 17 – TERMINATION
These Terms are effective unless terminated by you or us. We may terminate access at any time for violations of these Terms.
SECTION 18 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and dbakers LLC and supersede any prior agreements.
SECTION 19 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
SECTION 20 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms by posting changes to our website. Continued use constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@dbakers.us.