By using the Carlosbakery.com.com web site (“Carlos Bakery” or the “Site”), a service of Carlos Bakery, Inc.., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of Carlo's Bakery, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2020 for current users and upon acceptance for new users.
Carlo's Bakery is a Venue
Carlo's Bakery acts as a venue to allow users (customers) to buy certain food and related goods within a fixed-price format. You agree that Carlo's Bakery is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on Carlo's Bakery. You use Carlo's Bakery e-commerce service at your own risk.
Carlo's Bakery does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.
Carlo's Bakery E-gift Cards
Carlo's Bakery e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in Carlosbakery.com online catalog. The recipient of an E-Card will be notified via email. You may purchase E-Cards in US dollar denominations. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-gift card will appear in the recipient’s shopping cart as a credit toward purchases on CarlosBakery.com. If a purchase exceeds the amount of the E-gift card, the balance must be paid by credit card or other available payment method, in accordance with Carlo's Bakery standard payment policies. E-gift cards cannot be used to purchase other E-gift cards. Purchases made with E-gift cards are not eligible to earn Referral Credits. E-gift cards expire 1 year from the purchase date. E-gift cards are not currency, and do not have cash value outside of Carlo's Bakery. Carlo's Bakery is not responsible for any unauthorized use of an E-Card.
Binding Sale: All sales are binding. Carlo's Bakery is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance.
As part of a transaction, we may obtain personal information, including email address and shipping information. Without obtaining prior permission from the user, this personal information shall only be used for that transaction or for Carlo's Bakery-related communications. For more information, see Carlo's Bakery Privacy Policy.
Resolution of Disputes and Release
In the event a dispute arises between you and Carlo's Bakery, please contact Carlo's Bakery. You release Carlo's Bakery (and Carlo's Bakery officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Carlo's Bakery Intellectual Property
Carlo's Bakery, and other Carlo's Bakery graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Carlo's Bakery, Inc. in the U.S. and/or other countries. Carlo's Bakery trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Much of the information on Carlo's Bakery is updated on a real-time basis and is proprietary or is licensed to Carlo's Bakery. You agree that you will not use any robot, spider, scraper or other automated means to access Carlo's Bakery for any purpose without Carlo's Bakery prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in Carlo's Bakery sole discretion, an unreasonable or disproportionately large load on Carlo's Bakery infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Carlo's Bakery and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Privacy
Except as provided in Carlo's Bakery Privacy Policy, Carlo's Bakery will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Carlo's Bakery stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
No Warranty
CARLO'S BAKERY, CARLO'S BAKERY SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CARLO'S BAKERY SUPPLIERS PROVIDE CARLO'S BAKERY WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CARLO'S BAKERY, CARLO'S BAKERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CARLO'S BAKERY ’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CARLO'S BAKERY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL Carlo's Bakery, AND (AS APPLICABLE) CARLO'S BAKERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CARLO’S BAKERY SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CARLO’S BAKERY SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CARLO'S BAKERY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CARLO's BAKERY SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CARLO'S BAKERY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD CARLO'S BAKERY AND (AS APPLICABLE) CARLO'S BAKERY PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
No Guaranty
Carlo's Bakery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Carlo's Bakery's control.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Carlo's Bakery's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New Jersey and disputes arising under this Agreement will be adjudicated by the courts of the State of New Jersey.
Survival
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Carlo's Bakery’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Carlo's Bakery Attn: Legal; 631 Grove Street, Jersey City, NJ 07310 (in the case of Carlo's Bakery)
Disclosures
The services hereunder are offered by Carlo's Bakery Inc., located at 631 Grove Street, Jersey City, NJ 07310