These TERMS OF USE ("Terms") govern your use of the Ultimate Baker website owned and operated by Ultimate Baker ("Website"). Please review these Terms carefully. By using the Website, you accept and acknowledge that the Website are hosted in the United States and that your use of the Website is subject to these Terms. Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Website and you consent to our use of data in compliance with the Privacy Policy.
1. User Accounts; Website Use.
1.1. Accounts and Account Registration.
1.1.1. In order to place an order on the Website, you will be required to register and/or set up an account. In order to do so, you may be provided or required to set up an account ("Account") and provide certain information, such as choosing a user name and password, providing payment and other account information ("Account Information"). You agree and represent that all Account Information provided by you is accurate and up-to-date. If your Account Information changes, you agree to update it by using the appropriate update mechanism on the Website. You may not sub-license, transfer, sell or assign your Account to any third party.
1.1.2. You are solely responsible for all fees and payments incurred using your Account, regardless of whether the fees were actually incurred by you. If you have reason to believe that your Account is no longer secure, you must promptly change the affected Account Information by logging in to your account and changing your user name and password, or by contacting Ultimate Baker at info@ultimatebaker.com.
1.2. User's Actions. You agree to use this Website in a lawful, non-commercial, and appropriate manner. You agree to comply with the Terms and any rules related to the Website or other restrictions detailed herein. You agree that you will not: (i) violate the rights of others, including any intellectual property rights; (ii) use any technique or device to bypass, disable, or circumvent the content protection or access control mechanism on the Website; (iii) interfere with other?s use of this Website; (iv) introducing any virus, or any other computer code, programs, or files which disrupts, interrupts, destroys or limits the function of the Website; (v) encourage or engage in any conduct that would constitute a criminal offense or give rise to civil liability; (vi) copy, create any derivative works or otherwise violate the copyrights of Ultimate Baker or of third parties, or (viii) violate or breach these Terms.
1.3. Security. When you create an Account or if you are asked to enter sensitive information (such as your credit card number), that information is encrypted and is protected with industry standard encryption 128bit SSL. Although Ultimate Baker has taken reasonable precautions to prevent the unauthorized access and alterations of the Website, no system on the Internet is completely secure. Ultimate Baker has no responsibility for any computer viruses and destructive programs that may be inadvertently downloaded from, or purposely inserted on to the Website. If you wish to have your financial information removed you may contact us at info@ultimatebaker.com to request that your information be deleted from our database. For future transactions, you will be required to re-enter your information.
1.4. Monitoring and Violations. Ultimate Baker is not responsible for monitoring your use of the Website. However, if we discover that you are accessing this Website in violation of the rules, we may take immediate action to terminate your access to the Website.
1.5. Children. Ultimate Baker does not sell products for purchase by children. If you are under 18, you are prohibited from using this website. Although Ultimate Baker does not monitor your use, if we discover that you are below the age of eighteen (18), we reserve the right to ban any you from accessing the Website and to delete any Accounts created by such persons.
2. Purchases; Shipping; Returns and Refunds.
2.1. Purchases. Ultimate Baker may charge you fees for goods and services offered for sale on or through the Website. You agree to pay all fees and charges, including applicable taxes, surcharges incurred through your activity on or through the Website, and/or through your Account at the prices listed on the Website and all taxes imposed by any governmental authority. Unless otherwise specified on the Website, all prices will be quoted and charged in U.S. Dollars. We reserve the right to change the amount of or the basis for determining any prices and to institute new fees and costs effective upon publication of such revised pricing policies on the Website.
2.2. Stock Status. Ultimate Baker will attempt to timely update the status flags showing whether an item becomes unavailable or is discontinued. However, we cannot guarantee that the goods and services advertised on the Website will be available when ordered. Where an item is out of stock Ultimate Baker will provide expected shipping date or provide you with the option to cancel the order. Ultimate Baker is not responsible for order delays caused by out of stock items.
2.3. Misprints, Abuse. Ultimate Baker does not warrant that the Website, including without limitation product descriptions, photographs of products, and prices are accurate, complete, reliable, current or error-free; and we reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies.
2.4. Warehouses. All orders will be shipped by Ultimate Baker from one of its warehouse locations. The selection of the warehouse is at Ultimate Baker sole election although efforts will be made to use the closest possible warehouse to the delivery address subject to stock availability. Ultimate Baker may use USPS, FedEx, or UPS for shipping with such determination at Bangalla's election. Please contact Ultimate Baker directly for more details on product shipping.
2.5. Summer Shipping Policy.
2.5.1. Ultimate Baker recommends that customers using our product data remove heat sensitive items from their product range and online stores from June to late September to avoid heat related product issues during transport. You are advised to review any order for product items that may be sensitive to melting or tainting due to summer heat prior to order finalization. Customers placing orders are liable for any product damage that may occur due to heat damage. By placing an order for heat sensitive items, customer expressly acknowledges that Ultimate Baker cannot guarantee the quality of any heat sensitive product requested to be shipped and that any extra shipping charges or replacement product costs will be at the sole expense of the customer placing the order.
2.5.2. Customers do have the option to add Summer Foil Wrap to product orders which may be heat sensitive. Wrap must be ordered at time of placing the order. Customer acknowledges that foil wrap will assist in protecting food items shipped but will not in any way fully protect the item and hence customer remains responsible for any product replacement costs for heat damage regardless of whether or not foil wrap was used.
2.6. Product Returns.
2.6.1. Non-Perishable Items. Except for food or other perishable items, Ultimate Baker accepts the return of any product within the first thirty (30) days of the date the order was placed and only if the product is unopened and unused. Refunds will be provided on Ultimate Baker physical receipt of the returned product and may levy a 10% restocking fee. Please note that shipping charges are not refundable unless Ultimate Baker is found to have shipped the incorrect, or an expired item. All product returns are to be shipped to Ultimate Baker at 4058 Hammer Drive Suite 102, Bellingham WA 98226.
2.6.2. Perishable Items. Food and other perishable items are not returnable and non-refundable unless the item is out of date on the date of arrival or the wrong item was shipped. Please contact our customer services at info@ultimatebaker.com for return and refund instructions.
2.6.3. Special Orders. Any custom orders or orders over $500 in value where Ultimate Baker is required to make special orders from any manufacturer or third party are not refundable.
3. MAP Pricing. Users are required to abide by MAP pricing stated on any product. Where Ultimate Baker is notified of violations of MAP pricing then Ultimate Baker reserves the right to cease supply of that product to you.
4. Ultimate Baker Intellectual Property.
4.1. General Limited License. Ultimate Baker grants you a non-exclusive, limited license to use the Website and to purchase our goods and services. Your use of the Website is strictly limited to such uses in and only in full compliance with these Terms.
4.2. Copyrights. All content on the Website, including images of products and product descriptions are the copyright of Ultimate Baker, have been properly licensed from their respective copyright owners for use on the Website, or is otherwise allowed for use on the Website by law. Except for ordinary access of the Website in accord with these Terms, you are hereby prohibited from copying or extracting such images for any purpose, or linking to these images on any third-party website unless you receive express written consent from Ultimate Baker.
5. Third Party Copyrights. Ultimate Baker respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances Account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:
Ultimate Baker Customer Service 4058 Hammer Drive, Suite 102 Bellingham, WA, 98226 USA
Or e-mail us at info@ultimatebaker.com.
6. Links with Third Party Sites. Creating or maintaining any link from another website to any page on this Website without Ultimate Baker prior written permission is prohibited. This Website may contain hyperlinks to websites operated by parties other than the Ultimate Baker. Such hyperlinks are provided for reference only. If you use these links, you will leave this Website. We cannot and do not endorse, guarantee or make any representations or warranties regarding any other website, or content, materials or other information that may be accessible from any other website. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
7. DISCLAIMER OF WARRANTIES. YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OF GOODS AND SERVICES FROM ULTIMATE BAKER IS AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ULTIMATE BAKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE WEBSITE OR TO THE GOODS AND SERVICES OFFERED THEREIN. WE PROVIDE THIS WEBSITE, AND ANY GOODS AND SERVICES OFFERED ON OR THROUGH THE SITE "AS IS." ULTIMATE BAKER EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE. THE FOREGOING EXCLUSION OF WARRANTIES DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
8. LIMITATIONS OF LIABILITY. ULTIMATE BAKER, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANYONE ELSE FOR ANY LIABILITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, AS WELL AS ANY GOODS AND SERVICES PURCHASED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9. LIMITATION OF REMEDIES. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE AND TO REQUEST A REFUND FOR THE GOODS AND SERVICES PURCHASED. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO CEASE USING THE PRODUCT AND TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
10. Indemnification. You agree to indemnify and hold Ultimate Baker and its parents, affiliates, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any person due to or arising out of your use of this Website, your connection to this Website, your use of any Product, your violation of these Terms, or your violation of any rights of another party. This indemnity survives termination of these Terms.
11. Distributor Data; Compliance with Third Party Rules.
11.1. Ultimate Baker hereby grants to those who have created an Account for the purpose of distributing our goods and services ("Distributors") a license to copy, link and use our product images, product descriptions, price lists and other similar data ("Distributor Data") for the sole and limited purpose of distributing, selling, marketing, and advertising our goods and services. Ultimate Baker makes no representations and warranties as to the accuracy or reliability of the Distributor Data and Ultimate Baker specifically disclaims any representations and warranties that the Distributor Data is in compliance with any rules and regulations of any e-commerce site. Ultimate Baker reserves the right to close a Distributor's Account should a Distributor elects to sell any item in violation of the rules and regulations of an e-commerce site, or violate any provisions of these Terms.
11.2. Each Distributor acknowledges and agrees that each Distributor is solely responsible for any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (collectively "Damages") arising from their use of this Website and the Distributor Data and their compliance with the rules and regulations of any e-commerce site. Distributor shall indemnify Ultimate Baker for any Damages suffered by Ultimate Baker as a result of the Distributor's failure to comply with such rules and regulations.
12. Applicable Law, Venue, Limitation of Actions. The Website is operated by a U.S. entity and is governed by the laws of the Washington State in the United States. The laws of your jurisdiction may be more or less restrictive than the laws that apply to this Website. Any dispute between Ultimate Baker and you shall be subject to the laws of the state of Washington, and you hereby consent to jurisdiction and venue within King County, Washington. All disputes adjudged by courts located in King County, Washington. If you access this Website outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and at your own costs.
13. Opting Out to E-mail Communications. For customers who wish to opt-out and stop receiving Ultimate Baker special offers and related news, we provides several ways to do so. If you no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by logging on to their Account and un-checking the "newsletter" field. They may also send e-mails to info@ultimatebaker.com with a request to be removed. Finally, they may use the link provided in all Ultimate Baker communications to automatically unsubscribe.
14. Amendment of Site Terms. Ultimate Baker reserves the right to update our Terms and Conditions at any time and at our sole election. Any update is binding on you and on all users of the Website. Notices of the updates to the Terms and Conditions will be posted on the Website and you may request to be notified of any changes to these Terms and Conditions by election the option by contacting Ultimate Baker at info@ultimatebaker.com.
15. Questions or Concerns. If you have any questions or concerns, please feel free to contact us via e-mail at info@ultimatebaker.com.