General terms & conditions
ShopBakersNook Terms of service
When placing an order, is my personal information secure?
You are guaranteed the highest levels of encryption possible. We use the newest 256 security method and all order information is encrypted and protected for access only by ShopBakersNook.com
When you are on our order form you will see your address bar turn green at the top of your page, this tells you that your information is sent through a secure server and is being encrypted.
BAKER’S NOOK, LLC only sells its products to adults who can purchase with a credit card of other permitted payment method. Accordingly, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
BAKER’S NOOK, LLC attempts to be as accurate as possible when describing the products sold on this Website. However, BAKER’S NOOK, LLC does not warrant that product descriptions provided by our suppliers or other Content of this Website are/is accurate, complete, reliable, current, or error-free. If a product offered by BAKER’S NOOK, LLC itself is not as described, your sole remedy is to return it in unused condition. Please see our Return Policy for additional information. Accordingly, you shall not be entitled to a credit card chargeback based on any claim that the product was not as described, unless it was defective.
From time to time we make a typing mistake or our manufacturers make typographical errors on their products. We reserve the right to sell you the product as/is. From the manufacturer of the product.
MODIFICATIONS TO AGREEMENT AND WEBSITE
BAKER’S NOOK, LLC may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Website. It is your responsibility to return to this Website from time to time to review the most current Agreement. BAKER’S NOOK, LLC does not and will not assume any obligation to notify you of changes to this Agreement. Further, BAKER’S NOOK, LLC reserves the right to refuse service, terminate accounts, remove or edit Content (defined below), and to cancel orders in its sole discretion.
WEBSITE OWNERSHIP AND USE
All information, images, designs, photographs, writings, data, and other materials featured in any banner or other advertising on this Website are the property of third parties. All other information contained on this Website including without limitation all images, designs, photographs, writings, data, and other materials, are the property of BAKER’S NOOK, LLC and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. All content provided by third parties and BAKER’S NOOK, LLC are referred to collectively as “Content”.
You are not permitted to use any Content without the prior written consent of the party who owns it. You must also retain all copyright and other proprietary notices on all copies of the Content. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Content. Except as provided in this Agreement, BAKER’S NOOK, LLC does not grant you any express or implied right to use its Content.
You further agree not to use any data mining, robots or similar data gathering and extraction methods in connection with your use of this Website.
To purchase goods using this Website, you must create an account using accurate information. You are responsible for maintaining the confidentiality of your account password. You are responsible for damages resulting from all uses of your account, whether actually or expressly authorized by you, unless access to your account was obtained through no fault or negligence of your own. BAKER’S NOOK, LLC will not be liable under any theory for any losses caused by the unauthorized use of your account.
Without limiting its other remedies, BAKER’S NOOK, LLC may terminate your account at any time if you are determined to have violated this Agreement or for any other reason, as determined in the sole and absolute discretion of BAKER’S NOOK, LLC. BAKER’S NOOK, LLC will not be liable under any theory for any losses caused by the termination of your account.
RISK OF LOSS
All items purchased from BAKER’S NOOK, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All prices are listed in U.S. Dollars. Except where noted otherwise, the list price displayed for products on this Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
Items in your Shopping Cart will always reflect the most recent list price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.
Some discounts are limited-time offers. Also, as the discount we are able to offer for any item is dependent upon its availability, our price will necessarily change on occasion.
Accordingly, with respect to items sold by BAKER’S NOOK, LLC, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Oversized and extremely heavy products will incur a special shipping surcharge. The surcharge varies depending on the size and weight of the product. This charge will be displayed in the shipping & handling subtotal of the order form.
BAKER’S NOOK, LLC attempts to be as accurate as possible when describing the products sold on this Website. However, BAKER’S NOOK, LLC does not warrant that product descriptions provided by our suppliers or other Content of this Website are/is accurate, complete, reliable, current, or error-free. If a product offered by BAKER’S NOOK, LLC itself is not as described, your sole remedy is to return it in unused condition. Please see our Return Policy for additional information. Accordingly, you shall not be entitled to a credit card chargeback based on any claim that the product was not as described, unless it was defective, in which case the terms and conditions of the following paragraph shall apply.
If you claim that the product delivered was defective, you agree to notify BAKER’S NOOK, LLC and return the product in unused condition prior to attempting a credit card chargeback. If the product is not found to be defective upon return, as determined in the sole discretion of BAKER’S NOOK, LLC, then you shall not be entitled to a chargeback. Please further note that all sales are final on special order items. All returns shall be made at your sole expense. Please see our Return Policy for additional information. If you claim that the product was never received, you must notify BAKER’S NOOK, LLC so that we may investigate the status of the shipment. You agree not to attempt a credit card chargeback for fifteen (15) days following the date of such notification, and any attempt made in violation of this sentence shall be void. You also agree that any attempted credit card chargeback for any reason whatsoever shall be void if filed over thirty (30) days following the date of sale. Even if your credit card chargeback is successful, BAKER’S NOOK, LLC reserves the right to pursue all legal remedies necessary to collect the product purchase price and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to an improper credit card chargeback.
Although this Website can be accessed from countries around the world it is controlled, operated and administered by BAKER’S NOOK, LLC from its offices within the U.S.A. BAKER’S NOOK, LLC makes no representation that the Website, or the Content available through the Website, is appropriate or available for use at locations outside the U.S.A., and access to the Website from locations where the Website or any of its Content is illegal is prohibited. If you access the Website from a location outside the U.S.A., you are responsible for compliance with all local laws.
Under United States Export Administration Regulations, our products may not be exported or re-exported to any country to which the United States embargoes goods. By using this Website, you are certifying that you are not a national of any country to which the United States embargoes goods.
You are solely responsible for the payment of all export and import duties in connection with your purchase of products using this Website.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE BAKER’S NOOK, LLC WEBSITE SHALL BE AT YOUR SOLE RISK. ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMITTED BY LAW, BAKER’S NOOK, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THIS WEBSITE AND PURCHASE OF ANY PRODUCTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BAKER’S NOOK, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DESCRIPTION OR NATURE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE OR LINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND PURCHASE THEREOF, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE AND/OR ANY CONTENT OR THE PURCHASE OF ANY PRODUCTS. BAKER’S NOOK, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BAKER’S NOOK, LLC WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BAKER’S NOOK, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
BAKER’S NOOK, LLC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SOFTWARE WILL WORK ON YOUR COMPUTER OR DEVICE.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL BAKER’S NOOK, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE OR LINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR PURCHASE THEREOF, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR ANY CONTENT OR THE PURCHASE OF ANY PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BAKER’S NOOK, LLC SHALL NOT BE LIABLE UNDER ANY THEORY FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ALL LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
ALL LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT SHALL APPLY WHETHER OR NOT BAKER’S NOOK, LLC IS ADVISED OF THE RISK OF HARM OR DAMAGE.
LIMITATIONS ON CLAIMS
Any cause of action you may have with respect to your use of this Website or purchase of products using this Website must be commenced within one (1) year after the claim or cause of action arises or it will be deemed waived.
This Website is provided solely for the use of current and future customers of BAKER’S NOOK, LLC to provide information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this Website is prohibited. By way of example, you should not use any features of this Website that permit communications or postings to post, transmit, display, or otherwise communicate any defamatory, threatening, obscene, harassing, invasive, objectionable or unlawful information; any advertisement, solicitation, spam, chain letter, or other similar type of information; any encouragement of illegal activity; unauthorized use or disclosure of private, personally identifiable information of others; or any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so. Also, you shall not use a false email address or impersonate any person or entity.
If you do post content or submit material, and unless we indicate otherwise, you grant BAKER’S NOOK, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BAKER’S NOOK, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BAKER’S NOOK, LLC for all claims resulting from content you supply. BAKER’S NOOK, LLC has the right but not the obligation to monitor and edit or remove any activity or content. BAKER’S NOOK, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree to indemnify, defend, and hold harmless BAKER’S NOOK, LLC, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of this Agreement, improper credit card chargebacks, violation of any law or regulation, or violation of any proprietary or privacy right.
You acknowledge that a violation or attempted violation of this Agreement will cause irreparable damage to BAKER’S NOOK, LLC, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that BAKER’S NOOK, LLC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by BAKER’S NOOK, LLC in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
TERM AND TERMINATION
Without limiting its other remedies, BAKER’S NOOK, LLC may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. BAKER’S NOOK, LLC makes no representation that the materials are appropriate or available for use outside the U.S.A. If you access this site from outside the U.S.A., you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Washtenaw County and the United States District Court for the Eastern District of Michigan for any disputes with BAKER’S NOOK, LLC arising out of your use of this Website.
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C 512(c)(3) ("DMCA") by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
BAKER’S NOOK, LLC's designated Copyright Agent to receive notifications of claimed infringement is: Brian Shockley, 901 W. Michigan Ave., Saline, MI 48176, email: [email protected] com, fax: 7349449128. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BAKER’S NOOK, LLC customer service through http://www.shopbakersnook.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the Eastern District of Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BAKER’S NOOK, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BAKER’S NOOK, LLC's sole discretion.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from BAKER’S NOOK, LLC solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded button or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BAKER’S NOOK, LLC without restriction.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect.
Any failure by BAKER’S NOOK, LLC to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. All notices sent under this Agreement must likewise be provided in English.