Terms & Conditions — Bottega Lulu

Terms & Conditions of Sale

1. Introduction
This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods and/or services (the 'Goods') listed on this website (the 'Website') to you.
Before confirming your order please read through these terms and conditions (the 'Conditions') and our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16.
We advise that you print a copy for future reference. Do read our privacy policy regarding your personal information here.
You acknowledge that by ordering any of the Goods listed on this Website or from BL, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions which may be modified or amended and posted on this Website as needed. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2. About Us
This Website is owned and operated by BottegaLulu Cakes ('we'/'us'/'our'), a sole proprietorshipin Marylandlocated at 192 Langdon Farm Circle, Odenton MD 21113 with same business address. www.bottegalulucakes.com.

3. Communications
You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. We will contact you by email or provide you with information by posting notices on our Website.

4. Overseas Orders
Our Website is only intended for use by customers resident in the USA. We can, in our sole discretion, accept orders from individuals located outside the USA and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable. If we agree to supply any Goods ordered from the Website for delivery outside the USA, they may be subject to import duties and/or additional taxes or expenses incurred for foreign regulatory requirement or law compliance. You will be responsible for payment of any such duties and/or taxes in addition to our price including taxes and cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

5. Registration
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
By registering on the Website you undertake:

That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects.
To notify us immediately of any changes to the information provided on registration or to your personal information.
That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision.
To only use the Website using your own username and password.
To make every effort to keep your password safe.
Not to disclose your password to anyone.
To change your password immediately upon discovering that it has been compromised.
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.

You authorize us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:

You fail to make any payment to us when due.
You breach these Conditions (repeatedly or otherwise).
You are impersonating any other person or entity.
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

6. Eligibility To Purchase From The Website
To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:

Be 18 years of age or over.
Be legally capable of entering into a binding contract.
Provide full details of a delivery address in the USA

If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

7. Price
The prices of the Goods may be quoted on the website. Prices for delivery are quoted for delivery in the USA unless otherwise specified.
Unless otherwise stated, the prices quoted include tax but exclude delivery costs which will be added to the total amount due from you. Details of our delivery charges can be located on our Website.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labor, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.

8. Payment
Payment can be made by any major credit or debit card through Pay Pal (www.paypal.com) and Stripe (www.stripe.com) and by check.
By placing an order online, you consent to payment being charged to your debit/credit card or checking account or electronic payment account as provided on the order form.
Payment will be debited and cleared from your account before dispatch of the Goods to you.
When you pay for your order by card or check, we carry out certain checks which include obtaining authorization from your card issuer or financial institution to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer or financial institution, registered credit reference agencies and fraud prevention agencies.
By accepting these Conditions you:

Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card or check you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered.
Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale.
Authorize us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorization from your card issueror financial institution to ensure you have adequate funds, to authenticate your identity, to validate your payment card or check and for other security reasons, such as fraud prevention.

We shall contact you should any problems occur with the authorization of your card or check.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Website.

10. Order Process & Formation Of A Contract
Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card or check and have confirmed that we have dispatched the Goods. We will send you an email to confirm this (a 'Confirmation Notice').

Terms & Conditions of Sale

The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
Any change to those policies or these Conditions is required to be made by law or governmental authority
We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

11. Delivery of Cakes, Cupcakes and Confectionery
Freshly baked cakes and cupcakes are available for delivery by courier6 days a week (except on holidays).
Customers are required to provide clear delivery instructions and a contact number for our delivery driver.
If, for any reason, the delivery cannot be accepted at the agreed time and location, we will take your order back and retain it for the next 24 hours during which time you can call us to request re-delivery at an additional charge or to arrange personal collection from our physical location.

12. Risk & Title
The Goods will be at your risk from the time of delivery.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.

13. Cancellation Your Contract And Returns
13. 1 Cancelling before receiving a Confirmation Notice
You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to office@bottegalulucakes.com or a letter to Customer Services, BottegaLulu Cakes, 192 Langdon Farm Circle, Odenton, MD 21113. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.13. 2 Cancelling after receiving a Confirmation Notice
You will not have a right to cancel an order for goods purchased from us, in the following situations:
13.2.1 If you expressly agree to us beginning to provide any goods or services before the end of the cancellation period.
13.2.2 The Contract is for goods which are bespoke or have been personalized or which may deteriorate (such as food).
13.3 We are unable to exchange, or accept return of edible goods which have been damaged in transit by us, but are happy to offer a full refund in this situation following proof of the damage. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the Goods to us, provided that you return the Goods to us. We must also be reasonably satisfied that: the Goods have not suffered damage after delivery and the Goods have not been misused or used other than in accordance with the instructions.
13.3.1In addition to the requirements of paragraph 13.3, the Goods in terms of which you are claiming a refund must have: been damaged on delivery; been delivered in a faulty condition; or have been delivered to you in error.
13.3.2 Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
13.3.3 Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
13.4.5 In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 24 hours after receipt or the fault developing by email to office@bottegalulucakes.com or a call to 443-569-2793.Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage with photographic evidence and your order reference number.
Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us.

14. Incorrectly priced or described Goods
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 48 hours of sending you notification (whether or not you receive it), we will reject your order.
If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognized by you. We will notify you if we cancel the Contract.
If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with our terms and conditions.

15. Processing Refunds
We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card you used to purchase the Goods or if payment by check, a check issued to you. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.

16. Complaints
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at ffice@bottegalulucakes.com or by post at Customer Service, P192 Langdon Farm Circle, Odenton, MD 21113.

17. Intellectual Property
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to BottegaLulu Cakes (trading as BottegaLulu Cakes), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No license is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.
Goods sold by us and Website content may be subject to copyright, trademark or other intellectual property rights in favor of third parties. We acknowledge those rights.

18. Website Use
You are permitted to use the Website and the material contained in it only as expressly authorized by us under our terms of use.

19. Liability and Indemnity
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights.

20. Reviews
You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

Terms & Conditions of Sale

You undertake that any review, feedback or rating that you write shall:

Comply with applicable law in the USA and the law in any country from which they are posted
Be factually accurate
Contain genuinely held opinions (where applicable)
Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving.
Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence.
Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party. Not be used to impersonate any person, or to misrepresent your identity.

You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
You grant us and our affiliate companies a nonexclusive, royalty-free worldwide license to use or edit any reviews posted by you.

21. Force Majeure

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include Strikes, lock-outs or other industrial action Shortages of laborr, fuel, power, raw materials Late, defective performance or nonperformance by suppliers Private or public telecommunication, computer network failures or breakdown of equipment Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Acts, decrees, legislation, regulations or restrictions of any government Other causes, beyond our reasonable control.
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to minimize any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of nonperformance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

22. Privacy Policy

We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).
You can find full details of our Privacy Policy on the Website.

23. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

24. External Links
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
The privacy practices of such websites.
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
The use which others make of these websites; or any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

25. Linking To The Website
You can create a link to the Website from another website, document or any other source. Any link must be:
To the Website's homepage
Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

26. Notices
All notices given by you to us must be given to us at 192 Langdon Farm Circle, Odenton MD 21113 or by using office@bottegalulucakes.com. We may give notice as described in clause 3.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

27. Entire Agreement
The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.

28. General
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

29. Governing Law & Jurisdiction
The Website is controlled and operated in the USA.
Every purchase you make shall be deemed performed in the USA.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of the USA and you irrevocably agree to submit to the exclusive jurisdiction of the courts of the USA.