Terms and Conditions
The following sets forth the terms and conditions of this Website located at www.lanesbakerymadison.com. By using this Website, you agree to be legally bound by these terms and conditions as well as the general policies for the Website (this “Agreement”). Any order placed by you will be an order which incorporates these terms and conditions even if any inconsistencies are introduced in the order or acceptance, unless expressly agreed to by us. “We” and/or “us” refers in this Agreement to Lane’s Bakery & Coffee, Inc. (“Lane’s Bakery”).
All orders are to be paid in full when the order is placed either by phone or in person at Lane’s Bakery. All orders for in-store pickup or delivery are to be paid in advance and in full online when the order is placed on the Website.
Methods of Payment
We accept payment by valid credit card. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including products, shipping, taxes, and any amounts disclosed on this Website) to such card. If the card is not valid, your order will be cancelled or suspended until you resolve any problem with it. Any refunds will be credited to the same card used for payment.
Our product stock fluctuates with sales demand and stock that we receive from vendors. We reserve the right to limit the quantity of purchases, to refuse all or part of your order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice. We will notify you about any back orders and will not bill your credit card until any back ordered item ships.
Shipping/Delivery and Risk of Loss
Shipping and delivery charges will depend on the outside service, selected in our sole discretion and are based upon delivery distance and time. These costs are included in your total. When we ship to you, you agree to pay the shipping and any handling charges shown. Lane’s Bakery is not responsible for products damaged during shipping and is under no obligation to insure the goods while in transit. If the product is damaged in shipping, we will gladly process a damage claim with the shipper if you notify us immediately upon receipt. You must also provide to us photographic evidence of the damage. The shipper may require that the damaged product, box and all items included in the package be picked up for inspection, so please do not discard any of these items.
Cancellation of Orders
Lane’s Bakery understands that plans may sometimes change. We will attempt to accommodate these changes to your order when possible. You may cancel your order by phone (608) 251-0532 or email firstname.lastname@example.org prior to Noon (12 pm), CST, 2 business days before your event. All changes and cancellations must be handled directly with one of our associates and confirmed.
You warrant that any design or instruction furnished to us will not cause us to infringe any patent, registered design or trademark in the execution of your order. You indemnify us against any claim, loss, liability, cost and expense that may be incurred by us as a result of infringement or unauthorized use of patents, trademarks, designs or copyrighted materials arising out of the manufacture or creation of the products.
You agree to always provide us with accurate information and shall refrain from using the Website for any unlawful or prohibited purpose. You additionally agree you will never transmit on and/or through the Website any content that is unlawful, harmful, threatening, abusive, pornographic, harassing, defamatory, obscene, hateful or racially, ethnically, or otherwise objectionable, or is considered unsolicited advertising and/or spam.
Transactions through this Website will be conducted electronically from start to finish. If you contact us by phone and we decide to proceed non-electronically, these terms and conditions will still apply, unless we agree upon different terms provided by us. Please note different fees or increased charges may also apply.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICES ON THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND SERVICES, INCLUDING ALL PRODUCTS, CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRSS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, PRIVATE, UNINTERRUPTED OR ERROR FREE, OR THAT DFECTS WILL BE CORRECTED. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEM DISPLAYED BY LANE’S BAKERY ON THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARANTY NOT EXPRESSLY MADE HEREIN. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY DUTIES EXIST, INCLUDING BUT NOT LIMITED TO, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT.
Limitation on Liability and Indemnification
In no event will Lane’s Bakery, or any party involved in creating, producing, or delivering our products or this Website, be liable for any damages of any kind arising from the consumption or use of our products or this Website, or any loss by reason of delay, defective or faulty materials or workmanship, negligence or any account or matter or thing done, permitted or omitted by Lane’s Bakery. You agree to indemnify and hold Lane’s Bakery, its directors, officers, employees and agents, to the extent permitted by law, harmless from and against any and all liability, claims, losses and damage (including reasonable attorneys’ fees) howsoever in connection with the sale of products by Lane’s Bakery, your use of this Website, your violation of this Agreement, or your violation of any rights of third parties.
Governing Law and Venue
This Agreement shall be governed in all respects, including but not limited to, its formation and interpretation, by the laws of the state of Wisconsin, without regard to conflicts of laws principles. You agree that any claim or dispute you may have against Lane’s Bakery must be resolved exclusively by a state or federal court located in Madison, Wisconsin. You agree to submit to the personal jurisdiction of the courts located in Madison, Wisconsin for the purpose of litigating all such claims or disputes. You further agree to indemnify Lane’s Bakery for all reasonable attorneys’ fees of Lane’s Bakery in responding to and defending any legal action brought by you in contravention of this venue clause.
Legal notices shall be served to the email address you provide to Lane’s Bakery. Notice shall be deemed given 24 hours after an email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by certified mail, return receipt requested, to the address you provide. In such case, notice shall be deemed given 3 days after the date of mailing. Legal notices to us may similarly be served on us to the email or mailing address as provided herein.
Additional Legal Provisions
This Agreement sets forth the entire understanding and agreement between us with respect to this Website and the subject matter hereof. If any provision or clause in this Agreement is invalid or unenforceable, the remaining provisions shall continue in full force and effect. We may amend this Agreement at any time by posting the amended terms on this Website. All amended terms shall automatically be effective 30 days after they are initially posted and your use of the Website after any such amendments constitutes your acceptance of such amendments to this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Lane’s Bakery shall not be liable for either delays in deliveries or failure to deliver due to causes or events beyond its control, including but not limited to, acts of the buyer, God, government or military authority, labor disputes, floods, fires, or other casualty, war, delays in transportation or earthquakes. Lane’s Bakery shall have the right to cancel this Agreement or any part thereof without liability upon the happening of any force majeure events.
Any questions or concerns regarding any terms and conditions and policies may be directed to Lane’s Bakery to the attention of Becky Lane at 2304 S. Park Street, Madison, Wisconsin 53713, or email@example.com.