Article I. Terms and Conditions of Sale
Section 1.01 Please read these terms and conditions of sale (‘Terms’) carefully. They will apply to any order you make for goods from Weddings by Patti’s Pastries, LLC.
(a) You understand that by ordering products from us, you agree to be bound by these Terms.
(b) You should retain a copy of these Terms for future reference.
Article II. Formation
Section 2.01 This website is operated by Weddings by Patti’s Pastries, LLC. (‘we’, ‘us’ or ‘our’).
Section 2.02 We are registered in The United States of America, Aliquippa, Pennsylvania 15001 and our registered office is located at: 137 Sunset Boulevard Aliquippa, Pennsylvania 15001-1232.
Section 2.03 Any reference to ‘you’ or ‘your’ is a reference to you as our customer and to your rights and obligations.
Section 2.04 Products displayed on our website can be ordered online through our SSL encrypted secure server, by emailing us at: email@example.com or by calling us at (724) 770-0745. If there is anything that you do not understand, please ask questions at the time your order is placed.
Section 2.05 Your order constitutes a requirement for us to buy materials and ingredients that are needed to produce your order. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you an email notice entitled ‘Order Processing’. The Fulfillment Contract between ‘US’ (Weddings by Patti’s Pastries, LLC.) and ‘YOU’ (our customer) will only be formed when the ‘Order Processing’ email is sent to you.
Section 2.06 We operate our bakery using the ‘on-demand bakery concept’, which means that all orders are custom made specific to each individual customer. Order fulfillment is subject to availability and we urge our customers to call us before placing an order to verify product availability.
Section 2.07 The Fulfillment Contract will only include the products confirmed in the Order Confirmation email. We are not obliged to supply any additional products, which may not have been a part of your original order until the request for such products has been confirmed in a separate Order Confirmation.
(a) By placing an order, you confirm that:
(i) You are legally capable of entering into a binding contract;
(ii) You are eighteen years or over; and
(iii) You have read and agree to be bound by these Terms.
Section 2.08 Please understand that if you refuse to accept these Terms, you will not be able to order products from us. For orders submitted through our website you will be required to place a check in the box next to the text marked ‘I AGREE’ which is located on the checkout page. If you accept our terms and conditions, you must place a check in the box next to ‘I AGREE’ and you will be able to continue processing your order. If you do not accept our terms you cannot place an order.
Section 2.09 The Contract may be subject to your right of cancellation (see section 6 below).
Article III. Description and Product Pricing
Section 3.01 Sections 3.2 and 3.3 below, cover the price of any product that you order will be as shown on our website at the time the order is placed, subject only to any inadvertent typographical errors for which we will not be liable.
Section 3.02 The prices of the goods do not include delivery charges. Delivery is in addition to the cost of the product.
Section 3.03 The products listed in our Online Store are subject to ingredient availability. You will be informed when placing your order if a product cannot be produced and in that event, we will offer you an alternative.
Section 3.04 PLEASE NOTE: and make yourself aware that all of our goods may contain nuts or traces of nuts.
Section 3.05 Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time that your order is placed. However, our website contains a large number of items and it is always possible that, despite our best efforts, some of the items listed on our website may be incorrectly priced. Prices will be verified when your order confirmation email is sent.
Section 3.06 We are under no obligation to provide our products to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious. However, we will advise you in writing when it is not possible to accept your order to purchase the goods at the price stated.
Section 3.07 Prices are subject to change at any time, however, if you have already placed and order and it is being processed, you will not be subject to the price change.
Article IV. Payment
Section 4.01 Payment for our products may be made by debit or credit card and (in whole or in part) by the redemption of gift vouchers. The debit and credit cards accepted by us are those listed on the checkout page of our website.
Section 4.02 When you pay by debit or credit card, we will authorize and charge the total amount due at the time your order is transmitted to us. We reserve the right to terminate any Contract if we are refused payment.
Section 4.03 When you submit payment by way of a (in whole or in part) gift voucher, the following terms will apply when using a gift voucher; you should read them carefully.
Section 4.04 The gift voucher:
(a) Is non-transferable and cannot be sold, resold or redeemed in whole or in part for cash or any other form of credit. You should therefore note that if you choose to purchase goods of a lower value than what is described on the gift voucher, we will not provide you with a gift voucher for the remaining value nor will we pay you a partial cash refund for the remaining balance. The voucher must be used in its entirety when presented as a payment method.
Section 4.05 You agree to indemnify us in full against all costs and expenses incurred by us in obtaining payments from you in the event that a failed payment has occurred. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you.
Article V. Delivery
Section 5.01 We offer deliver anywhere in The United States of America via FedEx for a selected few of our products. Local delivery is available, but only under certain conditions and must be pre-authorized before the method is chosen on our website as a form of delivery. All products delivered via Local delivery will incur a delivery fee of $45, which is subject to change based on your distance from our facility.
Section 5.02 Products are supplied at a temperature appropriate to the product ordered, perishable frozen goods will be delivered in Styrofoam freezer boxes containing dry ice in compliance with safety requirements. A safety leaflet will be included on the handling of dry ice.
Section 5.03 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. In the event that this occurs, you will need to contact the shipping carrier that has your order-FedEx. They can be reached at 1-(800) GO-FEDEX.
Article VI. Amendment of Order and Cancellation Rights
Section 6.01 You may amend or cancel your order by contacting us by telephone at (724) 770-0745 no later than twenty-four hours after the Order Confirmation email has been sent to you (When you order was initially transmitted to us).
Section 6.02 If you amend or cancel your order within the time limits stated in section 6.01 then within 30 (thirty) days of the amendment/cancellation:
(a) If you have paid the price by credit or debit card, we will credit your payment card with the appropriate amount; and/or:
(b) If you have paid by gift voucher, we will credit your gift voucher.
Section 6.03 When you amend or cancel an order outside of the time limits stated in clause 6.01, we will be unable to re-sell any unwanted products since they are freshly made to order. We are entitled to retain in full the price of the goods debited from your payment card on any such cancellation or the relevant gift voucher(s).
Article VII. Refunds Policy Regarding Customer Complaints
Section 7.01 Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect products, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the product, you should notify us as soon as reasonably possible. We may then, at our discretion, require you to send us a photograph of the goods, which are the subject of the complaint. We may also require you to return the bakery item to us, in which case we will refund the postage and packaging cost.
Section 7.02 You should note that when you order a pastry item with a topping, the topping by nature may become dislodged during transit. In most cases, you will easily be able to replace the topping on the pastry and most importantly this will not affect the quality of the pastry itself.
Section 7.03 Subject to your compliance with clauses 7.01 and 7.02 above, when you have received incorrect goods, a short delivery of goods or goods that you do not find satisfactory, we will, at our option:
(a) Make good on any shortage, exchange the incorrect goods or goods that are of unsatisfactory quality; or we may refund the appropriate dollar amount to your payment card and, when you have paid by gift voucher, refund a credit to your gift voucher.
Section 7.04 We will not require any additional payment for a delivery charge in respect of the replacement of goods or making good an a shorted order.
Article VIII. Our Liability
Section 8.01 If either of us fails to comply with these Terms, the relevant party will only be responsible for losses, which are a direct and foreseeable consequence of the failure to comply with these Terms.
Section 8.02 We will not be responsible for any loss or damage to the goods after you have taken delivery of them except as set out in these Terms.
Section 8.03 We cannot accept liability for losses, which were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price you paid for the goods in question.
Section 8.04 The limitations in sections 8.01 to 8.03 do not limit our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation;
(c) For any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
Article IX. Events Outside Our Control
Section 9.01 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (‘Force Majeure Event’).
Section 9.02 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) Strikes, lock-outs or other industrial action; or
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) Impossibility of the use of any relevant means of public or private transport; or
(e) Impossibility of the use of public or private telecommunications networks
Section 9.03 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
Article X. Assignment
Section 10.01 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent.
Section 10.02 We can transfer all or any of our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.
Article XI. Privacy
Section 11.01 We are committed to ensuring that your privacy is protected and we will take all reasonable precautions to keep your personal information secure.
Section 11.02 We will use any personal information you provide us for the purpose of fulfilling your order, for market research and for statistical analysis. We may share this information with our service providers and agents for this purpose.
Section 11.03 We would also like to contact you by telephone, email or fax to notify you of products and offers that may be of interest to you from time to time. We will ask you whether you consent to receiving such information from us at the time that you provide us with your personal information.
Section 11.04 We do not sell, rent or transfer your personal information to third parties for their marketing purposes.
Section 11.05 You have the right to ask for a copy of your information and to correct any inaccuracies in your data.
Article XII. Submitting a Complaint
Section 12.01 We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at: firstname.lastname@example.org.
Section 12.02 We will try to resolve any disagreements quickly and efficiently. We strive to respond to all complaints within 5 business days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days.
Section 12.03 Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
Article XIII. Intellectual Property
Section 13.01 All rights, including copyright, trademarks, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these Terms confers on you any license or right under any of our trademarks, names or logos or those of any third party.
Section 13.02 We reserve the right to issue legal proceedings against any persons who copy any text, photographs, images, graphics, logos, button icons, trademarks or any part of this web site.
Section 13.03 The content of our website is and remains our property.
Article XIV. Written Communications
Section 14.01 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website.
Section 14.02 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Article XV. Notices
Section 15.01 All notices given by you (our customer) shall be sent to us by mail at: 137 Sunset Boulevard Aliquippa, Pennsylvania 15001-1232 or via email at: email@example.com.
Section 15.02 We may contact you using the email or postal address that you have provided us when placing your order, or in any of the ways specified in section 14.02 above.
Section 15.03 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.
Section 15.04 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such a letter was properly addressed, stamped and mailed, in the case of electronic communication; the email was sent to the specified email address of the addressee.
Article XVI. General
Section 16.01 We may change these Terms without notice to you. With regard to future sales it is your responsibility to check the website Terms and Conditions of Sale prior to each and every order to ensure that you have read and understood the current version of our Terms.
Section 16.02 www.PattisPastries.net is owned and operated by Weddings by Patti’s Pastries, LLC.
Section 16.03 This document is the sole property of Weddings by Patti’s Pastries, LLC. Distribution or copying this document is punishable by the full extent of the law.