These terms and conditions (these "Terms
") apply to the purchase and sale of products and services through www.simply-bread.co
"). These Terms are subject to change by Simply Bread Co. (referred to as "us
", or "our
" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
(a) 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.
(b) You can purchase our product via our website at store.simply-bread.co
, with payment options including PayPal, Apple Pay, Google Pay, Venmo, Bread Pay, and the Simply Bread Payment Plan, which involves the following steps:
(i) Upon initiating an order on our website, you will promptly receive an order confirmation email. Subsequently, you will receive a series of emails, including (1) shipping confirmation and (2) essential baking information.
(ii) On the designated delivery date, the oven will be dispatched by a carrier. You will be required to complete the order process by acknowledging receipt through signing the delivery slip provided by the carrier. This final step marks the culmination of the order process..2. Prices and Payment Terms.
(a) 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 set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept PayPal, Apple Pay, Google Pay, Venmo, Bread Pay or Simply Bread Payment Plan 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. While it is more advantageous for the manufacturer to impose this risk on the consumer by specifying that risk of loss passes when the products are delivered to the carrier, many companies choose to bear this risk by stating that risk of loss passes only on delivery. These sellers view their more favorable terms as a marketing tool and as a way to better compete with sellers with less favorable terms to the consumer.3. Shipments; Delivery; Title and Risk of Loss.
(a) We will facilitate the shipment of the product to you, and in line with our standard policy, we cover the shipping costs. However, please note that for certain remote or rural areas, there may be delivery area surcharges applicable. In such cases, customers will be responsible for these additional shipping fees.
(b) Title and risk of loss pass to you upon delivery of the products to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in ship4. Returns and Refunds.
We will accept a return of the products for a refund of your purchase price, less a restocking fee of 20% of the purchase price and the original shipping and handling costs, provided such return is made within 15 days of delivery and provided such products are returned in their original condition. You are responsible for properly preparing the products for return shipment. This may include palletizing, crating, strapping, wrapping, or boxing the items as necessary. You are also responsible for covering any associated fees related to the return shipment.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a 20% restocking fee.
Your refund will be credited back to the same payment method used to make the original purchase on the Site. 5. LIMITED WARRANTY.
LIMITED WARRANTIES APPLICABLE TO PRODUCTS AND SERVICES PURCHASED FROM OUR SITE ARE DETAILED IN OUR LIMITED CONSUMER WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH OUR PRODUCTS.
You can find our Two-Year Limited Warranty by clicking here: Simply Bread Two-Year Limited Warranty
6. Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.7. Intellectual Property Use and Ownership
You acknowledge and agree that Simply Bread Co. 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 and other intellectual property rights. You do not and will not have or acquire any ownership of any intellectual property rights relating to those products or services.8. Privacy.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.10. Dispute Resolution and Binding Arbitration.
(а) YOU AND SIMPLY BREAD CO. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM]. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA
") in accordance with the Consumer Arbitration Rules (the "AAA Rules
") then in effect, except as modified by this 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(с) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SIMPLY BREAD CO. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY
. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.11. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.12. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Simply Bread Co.
13. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.14. Notices.
(а) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by e-mail to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier or registered or certified mail to 5151 California Ave., Irvine, CA 92716. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.15. Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.16. Entire Agreement.