Terms of Service
Last Updated: December 23, 2024
Welcome to Sugar & Palms Bakery! These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.
1. Acceptance of Terms
By creating an account, placing an order, or using any feature of our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Account Registration and Security
Creating an Account
- You must be at least 18 years old to create an account
- You must provide accurate, current, and complete information
- You may create an account using email/password or through Google Sign-In
- You are responsible for maintaining the confidentiality of your account credentials
Account Security
You are solely responsible for all activities that occur under your account. You must:
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access or security breach
- Not share your account with others or allow others to access your account
- Log out of your account when using shared or public devices
3. Products and Orders
Product Information
We strive to provide accurate product descriptions, images, and pricing. However:
- Product images may be enhanced with AI and may not reflect exact appearance
- Colors and textures may vary from screen representations
- All products are made fresh daily and may have slight variations
- We reserve the right to correct errors in product descriptions or pricing
Order Placement
When you place an order:
- You make an offer to purchase products at the listed price
- We reserve the right to accept or decline your order
- Order confirmation does not guarantee product availability
- We will notify you if any items are unavailable or if we cannot fulfill your order
Product Availability
All our products are made fresh daily in limited quantities. We typically sell out by 2:00 PM. Orders are fulfilled on a first-come, first-served basis. We cannot guarantee availability of specific products, even if they appear available on the website.
4. Pricing and Payment
Pricing
- All prices are in U.S. dollars (USD)
- Prices are subject to change without notice
- We reserve the right to correct pricing errors
- Sales tax will be added where applicable
Payment
- Payment is required at the time of order placement
- We accept major credit cards and other payment methods as displayed
- Payment processing is handled by secure third-party providers
- Your payment information is encrypted and never stored on our servers
5. Delivery and Pickup
Delivery
- Delivery is available in select areas (to be determined)
- Delivery times are estimates and not guaranteed
- Delivery fees will be displayed at checkout
- Someone must be present to receive perishable items
- We are not responsible for delays caused by weather, traffic, or other factors beyond our control
Pickup
- Pickup orders must be collected during business hours
- You must provide order confirmation at pickup
- Unclaimed orders may be disposed of after 24 hours
- No refunds will be issued for unclaimed orders
6. Cancellations, Returns, and Refunds
Cancellation Policy
Due to the fresh nature of our products:
- Orders can be cancelled within 1 hour of placement for a full refund
- After 1 hour, cancellations may not be possible as we begin preparing your order
- To cancel an order, contact us immediately through your account or by email
Returns and Refunds
As a food service business, we generally cannot accept returns. However:
- If you receive a defective or incorrect product, contact us within 24 hours
- We may offer a replacement, credit, or refund at our discretion
- Photos of the issue may be requested for verification
- Refunds will be processed to the original payment method within 5-10 business days
7. Allergens and Dietary Information
IMPORTANT: Our products may contain or come into contact with common allergens.
- Our bakery handles wheat, eggs, milk, nuts, and other common allergens
- Cross-contamination may occur during preparation
- We cannot guarantee that any product is completely allergen-free
- If you have allergies or dietary restrictions, please contact us before ordering
- You are responsible for reviewing ingredient information and making informed decisions
By placing an order, you acknowledge and accept these risks.
8. Intellectual Property
All content on this website, including but not limited to:
- Text, images, graphics, logos, and designs
- Product descriptions and photography
- Website layout and functionality
- Trademarks and branding
...is the property of Sugar & Palms Bakery and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.
9. Prohibited Uses
You agree not to:
- Use our website for any unlawful purpose
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the website's functionality
- Upload viruses, malware, or other harmful code
- Scrape, harvest, or collect data from our website without permission
- Impersonate any person or entity or misrepresent your affiliation
- Use automated systems (bots, scripts) to access our website
- Post or transmit offensive, harassing, or inappropriate content
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- Our total liability for any claim arising from your use of our services shall not exceed the amount you paid for the specific product(s) in question
- We are not liable for indirect, incidental, consequential, or punitive damages
- We do not guarantee uninterrupted, secure, or error-free service
- We are not responsible for third-party services (payment processors, delivery providers)
- You use our website and services at your own risk
11. Indemnification
You agree to indemnify, defend, and hold harmless Sugar & Palms Bakery, its owners, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.
12. Dispute Resolution
If you have a dispute with us:
- Contact us first to attempt informal resolution
- These Terms are governed by the laws of the State of Florida
- Any legal action must be brought in the courts of Miami-Dade County, Florida
- You waive the right to participate in class action lawsuits
13. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with an updated "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
14. Termination
We reserve the right to suspend or terminate your account and access to our services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use our services will immediately cease. You may also close your account at any time by contacting us.
15. Contact Information
If you have questions about these Terms of Service, please contact us:
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sugar & Palms Bakery regarding your use of our services and supersede all prior agreements and understandings.