Terms and Conditions of Use
These Conditions of Use govern your use of Babykakes.com, when you visit or shop Babykakes.com you consent and agree to these terms. Please read them carefully.
- Privacy. Please read our Privacy Notice. It also governs your use of this website.
- Electronic Communications. When you visit Babykakes, send us emails or visit the website, you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this website. You agree that all notices, disclosures, agreements or other communications we provide electronically satisfy any legal requirement that such communications be in writing.
- Intellectual Property. Babykakes.com and other marks indicated on our site are trademarks of Babykakes Inc. All content on this website, including, without limitation, the text, graphics, website design, icons, and images, is the property of Babykakes Inc. Babykakes, Inc. grants you a limited license to make personal use of this website. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without the express written consent of Babykakes, Inc. is strictly prohibited. You are also prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.
- Acceptance and Delivery of Orders. All orders submitted by you to Babykakes.com constitute offers to purchase which are subject to acceptance or rejection by us in Baltimore, Md.. Our acceptance of any order from you is expressly conditional upon your assent to these Conditions of Use and we expressly limit our acceptance of your order to such terms. Any additional or different terms proposed by you in any manner are expressly rejected. We will not be responsible for any delay in performance beyond our reasonable control or beyond the control of our suppliers. You agree that shipping and delivery dates are approximate and that time is not of the essence.
- Payment Terms. . Payment shall be due and payable at the time you submit your order unless otherwise specified at check-out and orders will not be shipped unless payment or confirmation of payment is received in advance.
- Claims and Risk of Loss. For any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise, we will elect to either repair, replace, or refund the purchase price. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing or via email. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling or replacement fees. At our discretion, we may charge a restocking fee, of $3.50. You bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether you pay freight.
- Disclaimer, Exclusion of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN PARAGRAPH 6 HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
- Product Descriptions. We will periodically add, change, modify and update this website, including without limitation these Conditions of Use and the Privacy Notice. We try to be as accurate as possible, but we make no warranties or representations that the content, including product descriptions, prices and depictions, is accurate, complete, reliable, current or error-free and we assume no liability therefore. If a product you purchased is not as described, your sole recourse is to return it in unused condition.
- Non-waiver of Default. Each shipment made under any order submitted by you on this website will be treated as a separate transaction, but we reserve the right to decline to make further shipments or accept further orders without in any way affecting our rights under any order. If, despite a your default, we elect to continue to make shipments, or accept further orders from you, such action (s) shall not constitute a waiver of any default, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time.
- Amendments. No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in a writing signed by us.
- Miscellaneous. Any waiver by us of any policy, term or condition applicable to your use of this website shall not constitute a waiver of any other policy, term or condition. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the state of Maryland. In the event of any dispute concerning the use of this website or any order placed on this website, you consent to and agree that any state or federal court in Baltimore, Maryland shall have personal and subject matter jurisdiction over you and this Agreement; that Maryland has the most significant contacts with the use of this website, to the exclusion of any other state; and that any legal dispute brought by either of us relating to the use of this website will be instituted in Baltimore, Md.
- Miscellaneous. All company and product names mentioned herein are for identification purposes only and are the registered names, trade marks, or trade names of their respective companies. Babykakes.com does not claim any such rights to these registered names, trademarks or trade names.