Loli B Bakery LLC
Customer Terms & Conditions
These Terms & Conditions constitute an enforceable contract and order for bakery goods, as agreed between both Parties, the undersigned Customer and Loli B Bakery LLC, a Colorado limited liability company. Customer, by placing any orders and/or remitting payment for goods to Loli B Bakery LLC, expressly agrees to all terms identified hereunder. This Agreement shall be effective immediately upon Customer’s placement of any order.
1. Bakery Goods. Customer engages the services of Loli B Bakery for the purpose of creating bakery goods, as may be advertised and available for sale by the company. Loli B Bakery is only contracted to provide those specific goods ordered by Customer, and no further goods or services shall be rendered unless agreed in writing.
2. Availability. Customer acknowledges that goods may only be purchased as avilable, and Loli B Bakery makes no guarantees as to the same. It is possible that a good may become unavailable after placement of an order, in which case Loli B Bakery shall cancel any outstanding order(s) and issue a refund to Customer for the order amount. In the alternative, Loli B Bakery may elect to offer Customer alternative options for the order goods and substitute upon agreement. Loli B Bakery shall not be liable, under any circumstances, for claims related to availability of products.
3. Ordering. Customer is solely responsible for ensuring accuracy of the information, selections, and payment details input into any order, and Loli B Bakery is not responsible for any delays or mistakes caused by Customer’s improper input. Customer shall use the ordering system made available online by Loli B Bakery, and must immediately notify the company of any errors or omissions from a placed order. Loli B Bakery shall take all commercially reasonable steps to accommodate requests made by Customer, but does not make any guarantees for the goods produced.
CUSTOMER MUST NOTIFY LOLI B BAKERY OF ANY FOOD SENSITIVIES OR ALLERGIES AT THE TIME OF ORDER. LOLI B BAKERY IS NOT RESPONSIBLE FOR ALLERGIC REACTIONS OR ANY OTHER CLAIMS RESULTING FROM CUSTOMER’S FAILURE TO NOTIFY OF THE SAME.
4. Cancellation. Customer may cancel its order within twenty-four (24) hours by providing written notice to Loli B Bakery. Any cancellation request made greater than 24 hours from the date and time of any order may be denied at the sole discretion of Loli B Bakery.
5. Payment. Customer shall render payment in full for any order at the time of placement. Loli B Bakery has no obligation to produce or provide any goods to Customer until payment is received. Customer shall utilize whatever payment processing methods are made available to it.
6. Production. Loli B Bakery shall fulfill orders on a first-come, first-serve basis, and will take all reasonable steps to keep Customer apprised of the order status. Loli B Bakery shall produce all goods in a similar manner as published in its menus or ordering platform, and shall not deviate from the stated ingredients unless specifically requested by Customer. Not all order modifications can be accommodated, and in such event Loli B Bakery will notify Customer and provide any substitute options available, or otherwise cancel the order and issue a refund. Loli B Bakery will take effort to produce all goods in substantial conformity with the advertised product.
7. Shipping and Delivery. Customer shall select the shipment options at checkout and is solely responsible for payment of all shipping fees. Loli B Bakery does not directly manage any shipments and instead utilizes the services of third-party providers. Loli B Bakery shall provide completed orders in secure packaging to the shipping partners for delivery, based upon the address and instructions provided by Customer, and on a first-come first-serve basis for completed orders. Loli B Bakery is not responsible for any delays caused by third parties, including shipping partners. If a package arrives damaged, Customer is required to photograph the damaged goods and provide notice to Loli B Bakery immediately, but in any event no longer than one (1) business day after the delivery. If a product is damaged due to the shipping, Loli B Bakery will replace the products at no charge.
8. Quality. Loli B Bakery shall produce and provide all goods in a commercially reasonable manner consistent with bakeries of a similar size and structure. This is the only implied warranty granted to Customer. Loli B Bakery reserves sole and absolute discretion as to the ingredients used in its products, the recipes for such products, and the choice of menu selections available. Customers do not have any claims against Loli B Bakery for the flavor of any goods when prepared in accordance with standard recipes and published ingredients.
9. Third Parties. Loli B Bakery is not a product manufacturer, and as such utilizes the goods of third parties in its baking. Loli B Bakery is not responsible for any claims or damages resulting from product defects caused by third-party manufacturers, including contaminants or after-discovered recall events, but Loli B Bakery shall take all efforts to notify any possible affected Customers in such circumstance. Absent gross negligence or reckless conduct by Loli B Bakery, Customer’s only recourse shall be against the third-party manufacturer. Loli B Bakery shall not be liable for any failure or delay hereunder when such failure or delay is caused by or results from acts beyond its reasonable control, including, without limitation, the following: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (regardless of declaration of war), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar global outbreak; and/or (j) declaration of state of emergency.
10. Limitation of Liability. Regardless of the presence or absence of insurance coverage, Loli B Bakery, its agents and assigns, shall not be liable for loss or damage occasioned by delays, or for incidental or consequential damages suffered by Customer or others, however caused. Customer expressly agrees to limit any and all claims against Loli B Bakery, its agents and assigns, including but not limited to claims alleging gross negligence or reckless or tortious conduct. The recourse of Customer against Loli B Bakery for any representation, warranty, covenant, or undertaking contained in this Agreement shall extend only to the Company entity, and no personal liability or responsibility of any sort is assumed by, or shall at any time be asserted or enforceable against the Company’s directors, officers, managers, members, employees, agents, constituent partners, beneficiaries, trustees or representatives.
11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation, of any kind, preceding the date of this Agreement shall not be binding upon either Party except to the extent incorporated in this Agreement.
12. Disputes. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. Any controversy between Customer and Loli B Bakery arising under or relating to this Agreement shall be determined by binding and non-appealable arbitration to be conducted by a group mutually acceptable to the Parties such as the American Arbitration Association or Judicial Arbiter Group, under and in accordance with the commercial rules of the American Arbitration Association. Hearings on such arbitration shall be held in Douglas County, Colorado, unless otherwise agreed between the Parties. By signing this Agreement, the Parties hereto agree to have any dispute arising out of the matters included or related to this Agreement decided by neutral arbitration as provided by applicable law and understand that they are giving up any rights they might possess to have the dispute litigated in a court or by jury trial, as well as giving up their right to appeal. The prevailing party to such dispute shall be entitled to all reasonable costs and attorney fees incurred in prosecution or defense thereof.
Governing Law. These Terms and Conditions shall be governed by the laws of the state of Colorado. No considerations shall be given to choice-of-law claims.