Terms of Service - Julian Bakery

Terms of Service

Last updated: November 2020

These terms and conditions of use (“Terms of Service”) govern your use of our online interfaces and properties (e.g., websites) owned and controlled by Julian Bakery, Inc. (“Company”), including the www.julianbakery.com website and any online service that links to these Terms of Service (collectively, the “Site”). If you do not agree to be bound by the Terms of Service, promptly exit the Site.

In some cases, such as wholesale or nonprofit donations, promotions, refunds, returns, and exchanges, additional terms may apply. In such cases, these Terms of Service and the additional terms both apply. In the event that the additional terms contradict these Terms of Service, these Terms of Service govern.

These Terms of Service cover:
  1. The Site
  2. Site Access, Security and Restrictions
  3. Accuracy and Integrity of Information; Typographical Errors and Incorrect Pricing
  4. Modifications to Products and Prices
  5. Commercial Users
  6. User Generated Content, Reviews, Feedback and other Postings to the Site
  7. Spokespeople
  8. Links to Other Websites
  9. Disclaimer of Warranties
  10. Limitation of Liability Regarding Use of Site
  11. Dispute Resolution; Arbitration Agreement
  12. Investigations; Cooperation with Law Enforcement; Termination; Survival
  13. Assignment
  14. International Issues
  15. Revisions
  16. Severability; Interpretation
  17. Gift Card Policy
  18. Returns & Refunds Policy
  19. International Shipping
The Site

All pages within the Site and any material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Service or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.

Site Access, Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password, you agree to access protected areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause.

Accuracy and Integrity of Information; Typographical Errors and Incorrect Pricing

Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

Modifications to Products and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products.

Commercial Users

Exchanges and refunds are subject to our Returns and Refund Policy. Company reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Company and its services.

We reserve the right, at our sole discretion, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction, and we reserve the right to refuse or cancel any order for any reason. We may exercise this right on a case-by-case basis. Company also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Service, reselling shall be defined as purchasing or intending to purchase any product(s) from Company for the purpose of engaging in a commercial sale of that same product(s) with a third party. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

User Generated Content, Reviews, Feedback and other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Company reserves the right to monitor, edit, or remove any User Generated Content submitted to the Site. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

Separate and apart from the User Generated Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Company, our Site and our products (collectively, “Ideas”) either through a formal submission process or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous, and non-committal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. You must also inform us if you have a pending or registered patent relative to the Idea.

You represent and warrant that your Ideas are not subject to any confidentiality obligations or third-party intellectual property encumbrances and that you own and control all of the rights to the Ideas and have the authority to grant the rights to Company that you grant herein.

By submitting your Idea, you grant Company and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license the Ideas and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Ideas, you hereby release Company and its agents and employees from any claims that such use violates any of your rights. Company shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Ideas or a similar ideas of its own.

Spokespeople

From time to time, Company may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as an online personality, television or radio show host, please note that such individuals may have been compensated by Company for their statements.

Disclaimer of Warranties

COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

Limitation of Liability Regarding Use of Site

COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE (INCLUDING USER GENERATED CONTENT), AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS $100 (ONE HUNDRED DOLLARS).

Dispute Resolution; Arbitration Agreement

These Terms of Service provide that all disputes between you and Company that in any way relate to these Terms of Service or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

We will try work in good faith to resolve any issue you have with Site, including products ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Company agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or your use of the Site, including products ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Company.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts.

Investigations; Cooperation with Law Enforcement; Termination; Survival

You agree that Company shall, as permitted by applicable law, have the right, without limitation and without any obligation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Service or any potential harm to our users or third parties, (iii) use any information obtained by Company in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Company to comply with law enforcement requests or legal requirements, (iv) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters, (v) prosecute violators of these Terms of Service, and (vi) discontinue the Site, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Company under these Terms of Service. Upon suspension or termination of your access to the Site, or upon notice from Company, all rights granted to you under these Terms of Service will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms of Service, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms of Service, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.

Assignment

Company may assign its rights and obligations under these Terms of Service, in whole or in part, to any party at any time without any notice. These Terms of Service may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.

International Issues

Company controls and operates the Site from its U.S.-based offices in the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service or to any sale of goods carried out as a result of your use of the Site.

Revisions

Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Service shall constitute your agreement to the revised Terms of Service. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within the Site.

Severability; Interpretation

If any provision of these Terms of Service is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Service (which will remain in full force and effect). To the extent not prohibited by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Service, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms of Service.

Gift Card Policy

Purchasing Gift Cards

Julian Bakery offers virtual gift cards (“Gift Cards”) that can be purchased and redeemed through the Julian Bakery website. Purchasing or redeeming Gift Cards constitutes acceptance of the Julian Bakery Terms of Service. Unless expressly stated otherwise, Gift Cards will be provided by Julian Bakery in electronic form only and are NONREFUNDABLE.

Redeeming Gift Cards

Gift Cards may only be redeemed through the Julian Bakery website and may not be redeemed towards previous purchases. Every purchase made with a Gift Card (plus any applicable shipping/handling fees, taxes, and other fees that may apply) is deducted from the Gift Card balance and any unused Gift Card balance will remain on the Gift Card account. Gift Card balances will be used against the total order placed on the website and not against specific items of such order. If any purchase exceeds the Gift Card account, the balance must be paid with a credit card or any other payment method accepted in the website.

Gift Card Account

The balance of a Gift Card can be reviewed by the purchaser or holder of the Gift Card if they have a Julian Bakery account. Enter respective Gift Card code into the form that is provided in the My Account > Gift Cards section on the Website.

Restrictions

Balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards and Gift Cards cannot be reloaded or recharged, or redeemed together with a coupon or other Gift Cards for the same order. Except as expressly allowed by Julian Bakery, Gift Cards may not be transferred for value or resold. Except to the extent required by applicable law, Gift Cards cannot be redeemed for cash or checks and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. If applicable law requires Julian Bakery to redeem Gift Cards for cash, check, or other means of payment, Julian Bakery reserves the right to select any of the foregoing at its discretion. Gift Cards can only be redeemed for purchases in the currency that matches the personal currency preferences set for the respective Account. Julian Bakery reserves the right to reject the redemption of Gift Cards and request alternative forms of payment, terminate the respective Account, and take legal actions, if Julian Bakery reasonably believes that Gift Cards are abused or used or obtained fraudulently.

Risk of Loss

The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by Julian Bakery to the purchaser of the Gift Card. Julian Bakery has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by contacting customer service.

No expiration date or fees

Gift Cards have no expiration date and Julian Bakery charges no fee in connection with the purchase (except for the selected purchase price of the Gift Card) or redemption of Gift Cards.

Limitation of Liability

GIFT CARDS ARE PROVIDED BY JULIAN BAKERY FREE OF ANY WARRANTY, EXPRESS OR IMPLIED. JULIAN BAKERY IS NOT RESPONSIBLE FOR THE QUALITY, LEGALITY, OR ANY OTHER ASPECT OF THE ITEMS PURCHASED WITH THE GIFT CARD.

You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in this Section restricts such rights you may have.

Returns & Refunds Policy

Due to the COVID-19 pandemic and to ensure the safety of our employees and others, we’ve temporarily suspended all returns until further notice. We are sorry for the inconvenience this may cause.

Please email Customer Service if you have any problems and we’ll do our best to help.

Non-Perishable Products

Non-Perishable items cannot be returned if they are opened (No exceptions). We do not accept returns based on taste. We accept all unopened Non-perishable items within 30 Days of purchase with a receipt. If you receive a damaged or defective non-perishable item, please contact customer service within 24 hours with the following information:

  • Order number of the item
  • Date of arrival
  • Condition of item at time of arrival with photographic proof
  • Detailed explanation of the issue
  • Whether you prefer a refund or replacement

Perishable Products

Perishable items cannot be returned or refunded. We do not accept returns based on taste. If you receive a damaged or defective perishable item, please contact customer service within 24 hours with the following information:

  • Order number of the item
  • Date of arrival
  • Condition of item at time of arrival with photographic proof
  • Detailed explanation of the issue
  • Whether you prefer a refund or replacement

Refunds (if applicable)

Un-open Non-Perishable products must be returned within 30 days of of purchase date. No exceptions. Ship To:

Julian Bakery, Inc.
Attn: Returns
3021 Industry St
Oceanside CA 92054

Note: Return Labels Are Not Provided

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. Your order will be refunded a pro-rated amount if it is shipped back with less items than purchased.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a 5-7 business days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at customer service

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email and send your item to:

Julian Bakery, Inc.
Attn: Returns
3021 Industry St
Oceanside CA 92054

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

International Shipping

Julian Bakery ships select countries. We use DHL as our international carrier. International orders will not be shipped without a valid email address and phone number associated.

Julian Bakery’s International Shipping Policy dictates that any return/exchange shipping costs will be the customer’s sole responsibility. Julian Bakery inspects all products before shipping in order to be reasonably sure that your shipment is free from defects. Julian Bakery will honor any product mistake in accordance with our standard return policies, with the exception that Julian Bakery is not able to bear the shipping/exchange costs associated with international returns or international warranty issues.

Please note that shipping internationally involves following particular customs, internal revenue laws and procedures of the receiving country. Julian Bakery collects any applicable GST, VAT, duties and other international charges that are able to be identified up front, in order to expedite the shipment clearing Customs. Depending on the country of receipt, additional duties, taxes, licenses and/or fees may be required by the receiving country before the order is released to the customer. Shipping insurance is automatically applied to international orders, as the incidence of damage may be increased due to the extended shipping distances. The fixed shipping price automatically applied on the Julian Bakery store is calculated to allow for all of these variables stated above, including the cost of the shipping insurance.

The shipping cost to send to international countries is a minimum of $38.00, depending on the amount purchased. If your order requires more shipping boxes, an additional fee will be applied and a consultation with an international customer service representative will be required.

We do not sell perishable items outside of the United States due to an increased potential for unsupportable spoiling issues. We do not accept returns based on taste. If you receive a damaged or defective item, please contact customer service within 24 hours.