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General Terms:
1. Acceptance of Terms: By accessing and using the Baqers platform, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you should refrain from using the platform.
2. User Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for any activities or orders made using your account. You agree to notify Baqers immediately of any unauthorized access or use of your account.
3. Age Requirement: To place an order on the Baqers platform, you must be at least 18 years old (or the age of legal majority in your province or territory) or have the consent of a legal guardian.
4. Accuracy of Information: You agree to provide accurate, complete, and up-to-date information during the ordering process, including your personal details, contact information, and delivery address. Baqers reserves the right to cancel or refuse any order if the provided information is found to be inaccurate or incomplete.
5. Prohibited Activities: You must not use the Baqers platform for any unlawful, fraudulent, or unauthorized purposes. This includes but is not limited to: a. Misrepresenting your identity or impersonating another person or entity. b. Posting or transmitting any content that is offensive, harmful, or violates the rights of others. c. Engaging in any activity that disrupts or interferes with the proper functioning of the platform.
6. Privacy and Data Protection: Baqers is committed to protecting your privacy and handling your personal information in accordance with applicable privacy laws in Canada. By using the platform, you consent to the collection, use, and disclosure of your personal information as outlined in Baqers’ Privacy Policy.
7. Access and Withdrawal of Consent: You may withdraw your consent at any time by contacting support@baqers.ca, and you may request access to your personal information in Baqers’ possession.
8. Modification of Terms: Baqers reserves the right to modify or update these terms and conditions at any time. Any changes will be effective upon posting on the Baqers platform.
9. Termination: Baqers may, at its sole discretion, suspend or terminate your access to the platform if you violate any of these terms or engage in harmful behavior.
Cake Orders:
1. Order Placement: By placing an order for a cake with the baker partner on the Baqers platform, you acknowledge and agree to the following terms and conditions specific to cake orders.
2. Product Availability: All cake orders are subject to availability. Baqers will make every effort to ensure that the desired cake is available for purchase from its baker partners. If a particular cake is unavailable, Baqers will notify you and provide alternative options if possible.
3. Order Confirmation: Upon successful placement of a cake order, you will receive an order confirmation via email or SMS, containing details of your order, including the cake design, size, flavor, and delivery information. Please review the order confirmation carefully and contact Baqers immediately if any changes or corrections are required.
4. Customization Requests: The Baqers platform offers limited customization options for cakes, such as personalized messages or specific decorations. Please ensure that all customization is clearly specified during the ordering process. Baqers cannot guarantee exact replicas of the cakes ordered by the baker vendors.
5. Delivery and Pickup: Delivery: The baker vendors provide delivery services for cake orders to specified locations within the designated delivery areas. Delivery charges will apply. Pickup options may also be offered by the baker vendor. Please refer to Baqers’ delivery policies for more information.
6. Cancellation and Refunds: If you wish to cancel or modify your cake order, please contact Baqers as soon as possible using the contact details provided. Cancellations or modifications are subject to Baqers’ cancellation and refund policies, which may include applicable fees or deductions. Refunds, if applicable, will be processed in accordance with Baqers’ refund policies.
7. Quality and Freshness: Baqers and its baker vendors are committed to providing high-quality and fresh cakes to customers. However, due to the nature of perishable products, slight variations in appearance and taste may occur. Baqers strives to maintain consistent quality standards across its platform and will address any legitimate concerns or issues regarding the cake's quality.
8. No Guarantee By Baqers: Baqers has no control over and does not guarantee the quality and safety of cakes advertised. Baqers does not guarantee the truth or accuracy of a baker vendor’s offers or the ability of its baker vendors to produce a cake as described. All express or implied warranties are disclaimed to the fullest extent permitted by law.
9. Allergies and Dietary Restrictions: Baqers endeavors to display detailed information about ingredients used in cakes as provided by the baker partners, including potential allergens. Customers with specific food allergy concerns should contact the baker vendor directly and exercise caution. Baker vendors are expected to comply with Canadian food safety and labelling requirements.
10. Customer Satisfaction: Baqers values customer satisfaction and aims to address any concerns or complaints promptly. Customers should contact Baqers’ customer support team for assistance. Baqers will notify the affected baker vendor and make reasonable efforts to resolve the matter.
11. Liability: Baqers will not be liable for any loss, damage, cost, or expense incurred in connection with the use of the platform except where such arises from fraud or negligence on Baqers’ part. In such cases, liability is limited to the purchase price of the cake. Baqers shall not be liable for indirect, consequential, or incidental damages arising from cake consumption, appearance changes post-delivery, or mishandling by customers or third parties.
Pricing and Payment:
1. Cake Pricing: Cake prices listed on the Baqers platform are subject to change without prior notice. Prices for confirmed orders remain unchanged.
2. Price Inclusions: Prices generally include the cake itself. Additional charges may apply for customization, special decorations, delivery, or optional add-ons. Baqers will inform you of such charges during the ordering process.
3. Currency and Taxes: Prices are displayed in the designated currency (generally CAD for Canadian customers). Applicable taxes (GST/HST, provincial sales tax, or other government-imposed fees) will be added to the final order total.
4. Payment Methods: Baqers accepts multiple payment methods, including credit/debit cards and online payment platforms. Additional methods may be introduced subject to availability and regulations.
5. Payment Security: All transactions are encrypted and processed through third-party secure payment gateways (PCI-DSS compliant). Baqers does not store payment information after transactions, except as required by law or agreements.
6. Order Confirmation and Payment Authorization: Placing an order authorizes Baqers to charge your selected payment method for the total order, including taxes, delivery charges, and additional fees. Payment is processed upon order confirmation.
7. Payment Disputes: Customers should contact Baqers’ support team for payment-related issues. Baqers will investigate and resolve disputes in accordance with relevant laws.
8. Pricing Errors: Baqers reserves the right to refuse or cancel orders with incorrect pricing due to typographical or technical errors. Refunds will be issued if payment was already processed.
Delivery:
1. Delivery Areas: Delivery is offered to specified geographical areas. Customers must provide accurate delivery information.
2. Delivery Methods: Delivery may be via in-house personnel, third-party logistics partners, or customer pickup. Methods depend on location, cake size, and delivery requirements.
3. Delivery Fees: Fees may apply and will be communicated during checkout. Fees vary depending on location, urgency, and additional services (e.g., same-day delivery).
4. Delivery Timeframes: Baker partners will strive to deliver within the chosen timeframe. Delays due to uncontrollable factors (traffic, weather, force majeure) may occur. Baqers will communicate updates as soon as received.
5. Delivery Confirmation: Delivery is considered complete upon successful receipt. Customers must contact support immediately if orders are not received. Incorrect or mixed-up orders must also be reported promptly.
6. Failure to Take Delivery: Customers cannot request refunds or rescheduled delivery for orders they fail to receive. Accurate delivery information is the customer’s responsibility.
7. Delivery Liability: Baqers is not liable for damages, spoilage, or quality issues after delivery. Customers must inspect cakes upon delivery and report concerns within 1 hour.
8. Delivery to Businesses and Events: Additional details (floor, suite, reception contact, event schedule) are recommended for smooth delivery.
9. Delivery Refunds and Reschedules: Policies vary depending on circumstances. Customers should review delivery policies or contact support.
10. Delivery Notifications: Baqers may provide notifications (order confirmation, dispatch, delivery) via email, SMS, or other channels.
Cancellations and Refunds:
1. Order Cancellations: Cancellation requests are subject to order status, production stage, and customization.
2. Refund Eligibility: Full or partial refunds may be provided based on timing and costs incurred.
3. Refund Processing Time: Refunds are processed within a reasonable timeframe; actual timing may vary depending on payment provider or bank.
4. Quality Concerns and Refunds: Customers must contact support within 1 hour of delivery for quality issues.
5. Refund Disputes: Customers may provide evidence to facilitate resolution of refund disputes.
6. Non-Refundable Situations: Customized, personalized, or in-production/delivery orders may be non-refundable.
7. Refund Exceptions: Force majeure or circumstances beyond Baqers’ control may affect refund eligibility.
8. Refund Communication: Refund information will be communicated via email, SMS, or phone. Customers are responsible for providing accurate contact information.
9. Refund Processing Fees: Baqers does not charge processing fees, though third-party provider fees may apply.
Liability:
1. Product Liability: Baker vendors take care in preparing cakes. Customers must notify Baqers within 1 hour for product-related issues.
2. International Sales and Markets: Baqers is not liable for issues outside its operating markets.
3. Limitation of Liability: Baqers is not liable for indirect, consequential, or incidental damages.
4. Third-Party Liability: Baqers is not responsible for actions, errors, or omissions of third-party providers or baker vendors.
5. Customer Responsibilities: Accurate order information is the customer’s responsibility.
6. Force Majeure: Baqers is not liable for delays or disruptions caused by events beyond reasonable control.
Intellectual Property:
1. Ownership of Content: All content on the platform is the intellectual property of Baqers or its licensors. Unauthorized use is prohibited.
2. Trademarks and Logos: Baqers’ trademarks may not be used without prior written permission.
3. User-Generated Content: Customers grant Baqers a non-exclusive, royalty-free license to use submitted content for promotional purposes.
4. Copyright Infringement: Customers may report unauthorized use of their copyrighted works. Baqers will investigate and act accordingly.
5. Confidential Information: Proprietary information shared with customers must not be disclosed without permission.
6. Indemnification: Customers agree to indemnify Baqers for any claims arising from intellectual property infringement or misuse.
Governing Law and Jurisdiction:
1. Choice of Law: These terms are governed by the laws of Canada and the province/territory where Baqers has its principal place of business.
2. Compliance with Local Laws: Customers must comply with applicable local laws, including delivery restrictions and age verification.
3. Dispute Resolution: Disputes shall first attempt to be resolved through good-faith negotiation, then arbitration under applicable provincial legislation or mutually agreed-upon processes.
4. Severability: Invalid or unenforceable provisions will be severed, and remaining provisions remain in effect.
5. Waiver: Failure to enforce any provision does not constitute a waiver unless acknowledged in writing by Baqers.
6. Entire Agreement: These terms constitute the entire agreement between Baqers and the customer, superseding prior agreements.
7. Modification of Terms and Conditions: Baqers may modify terms at any time. Updated terms will be communicated through appropriate channels, and customers are encouraged to review periodically.
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