x1. ACCEPTANCE OF TERMS
Venice Bakery provides its products to you subject to the following Terms and Conditions (“TAC”), which may be updated by us from time to time. Your assent to the TAC and your purchase from Venice Bakery constitute your agreement to all such terms, conditions, policies and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
Venice Bakery offers Gluten Free products for purchase (the “Products”) and a membership plan(the “Membership”). Unless explicitly stated otherwise, any new features that augment or enhance the current Products or Membership shall be subject to the TAC.
Membership is a month-to-month service. For a monthly price of $39.95, the member will receive six 12” Gluten Free pizza crust shipped to them. The cost will be automatically charged to the member’s designated credit card account until the membership is cancelled.
All orders placed will ship within three business days. Shipping is free for order $45 or higher and orders shipped as part the of the Membership service.
3. MODIFICATIONS TO SERVICE
Venice Bakery reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products or Membership with or without notice. You agree that Venice Bakery shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Products or Membership.
Venice Bakery may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms and Conditions page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Venice Bakery’s e-commerce after the notice is posted, you are indicating your acceptance of those changes.
In order to start and maintain your Membership, you will be required to register and create an account. In order to set up an account, you must provide Venice Bakery with valid credit card information. By submitting such credit card information, you give Venice Bakery permission to charge the membership fee incurred through your account to the credit card you designate on the Registration Form.
Once your order for Membership has been accepted, the Membership will continue and renew automatically unless and until it is ended by either of us.
If payment cannot be charged to your credit card or your payment is returned to Venice Bakery for any reason, including chargeback, Venice Bakery reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on our site), you must promptly change your password and notify Venice Bakery of the problem by giving notice via email to firstname.lastname@example.org.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process, you will provide Venice Bakery with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your Venice Bakery account.
6. MEMBERSHIP CANCELLATION
You must inform us of your decision to cancel your Membership by a clear statement (e.g. a letter sent by mail or email). Venice Bakery cancels your membership upon receipt of such notification from you. You can also log into your account and cancel your subscription online. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation.
All Membership cancellation notices must be received five business days prior to product ship date in order to take effect for the next immediate renewal.
7. CARDHOLDER PRIVACY
A purchase from Venice Bakery may be completed with our without creating an account. If a customer creates an account, Venice Bakery collects and stores personal identifying information (“PII”) from the customer. PII identifies or describes a person or can be directly linked to a specific individual. Examples of PII include, but are not limited to, a person’s name, mailing address, billing address, telephone number, email address, credit card number, security code and expiration date.
Venice Bakery is committed to ensuring our customers’ privacy and security. Specifically: (1) Venice Bakery will not provide personal identifying information (“PII”) to any third party without express customer consent; (2) PII from Venice Bakery will not be provided to advertisers for their use; and (3) the Venice Bakery will maintain a secure environment for customer PII.
Venice Bakery only provides a customer’s PII to a third party to process credit card transactions. Venice Bakery is not responsible for third party use of PII provided to credit card processor.
Venice Bakery requires outside law enforcement and regulatory agencies to obtain a subpoena for Venice Bakery records containing PII.
Venice Bakery Customer Obligations and Legal Disclaimer
Venice Bakery customers are responsible for safeguarding personal mobile devices, usernames, passwords, and other authentication information that may be used to access their account. Venice Bakery customers should not disclose authentication information to any third party and should notify Venice Bakery of any unauthorized use of their usernames, passwords or accounts. In addition, there is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Venice Bakery security systems, or by intercepting transmissions of personal information over the Internet. Venice Bakery is not responsible for any data obtained in an unauthorized manner.
8. DISCLAIMER OF WARRANTIES
VENICE BAKERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VENICE BAKERY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VENICE BAKERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCT PURCHASE OR MEMBERSHIP. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF VENICE BAKERY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE PURCHASE OR MEMBERSHIP FEE PAID BY YOU.
10. DOWNLOADING AND COPYING; RESTRICTIONS ON USE
All materials on this site (“Online Material”), including, without limitation, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Venice Bakery. Copying or storing of any Online Material is expressly prohibited without prior written permission from Venice Bakery or the copyright holder identified in the copyright notice contained in the content. You may not add, delete, distort, or otherwise modify the content on this site.
11. NON-WAIVER; SEVERABILITY; LIMITATIONS OF ACTIONS
The failure of Venice Bakery to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to purchase of products or membership must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend and hold Venice Bakery harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
13. ENTIRE AGREEMENT
This Agreement and any other terms and conditions on http://www.venicebakery.com constitute the entire agreement between you and Venice Bakery and govern your product purchases and membership.
14. REFUSAL OR DISCONTINUANCE OF MEMBERSHIP
Venice Bakery reserves the right to refuse product purchases or discontinue membership to any user for non-compliance with these Terms and Conditions.