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Terms of Use

This website (“Website”) is the property of Virtula Bakery™ (“Company”). Please read these terms and conditions (“Terms”) before using this Website. Individuals must be 18 years of age or older to use this Website. By accessing and using this Website, you warrant that you are 18 years or older and unconditionally agree to be bound by these Terms and all policies therein. If you do not agree to these Terms, do not access or use the Website. All users agree to be bound by any and all revisions and should periodically revisit this page to review the current Terms.

Privacy   Please read the Privacy Policy to understand how Virtula Bakery™ collects, uses and discloses personally identifiable information from its users.

Terms of Sale 
1.    Placing and Acceptance of Order
An order will be processed once it is properly completed and payment is received.  It will then entered into the system and customer will receive confirmation by email or phone. The Company, at our sole discretion, reserves the right to refuse any order. Before accepting your order, we may require additional information if you have not provided all that is necessary to complete your order. 

2. Pricing and Availability
All prices for products are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even it you have already placed your order. All prices are subject to change without notice.

3. Payment Terms
Virtula Bakery™ currently accepts Visa, MasterCard, American Express, Discover, Diners Club, and JBC. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

4. Refunds/Returns
All our products are perishable and therefore all sales are final. Virtula Bakery™ does not accept returns, nor do we give refunds. We pack our baked goods very carefully, but cannot control how they are handled once they leave our kitchen. We are not responsible for delivery problems related to weather, delivery delays caused by carrier, packages misplaced or incorrectly distributed by receiving departments (in businesses, apartments, condos, hotels, hospitals, etc.), or delayed or unclaimed orders due to incomplete or incorrect names or addresses. If your package arrives badly damaged, please contact Virtula Bakery via email orders@virtulabakery.com or call us at (323) 919-5739 within 24 hours of receipt. Within those 24 hours you must also email us photos of the following three: the shipping box, the Virtula Bakery box, and the entire contents sealed and intact (uneaten).

5. Cancellation Policy
Every Virtula™ is made to order. When you order a box of cookies, the first thing we do is fit your order into our baking schedule. Orders are given priority on a first-come, first-served basis. Then we purchase the ingredients and hire personnel to bake, package, and ship. Every cancellation leaves us with a gap in our schedule. This is time that we can no longer fill with someone else's order. Consequently we lose both orders.

For your convenience, your card will not be charged for the first 24 hours after you place the order. If you need to cancel, please call us during that 24-hour period and there will be no charge to you. If you cancel after that 24-hour period our policies are as follows:

For small orders placed online – 12 boxes or less
We understand that plans change and will do what we can to assist you in making changes to your order delivery date. However, if you cancel your order after the 24-hour order period (once your card is charged) but 48 hours before shipment, there is a 50% cancellation fee of the total order, not including the shipping fee. You will be refunded 50% of your order and 100% of the shipping charge. If you cancel 48 hours before the ship date (anytime Sunday or Monday), there is a 100% cancellation fee of the total order. All cancellations must be handled directly with the bakery by phone.

For large orders – 12 boxes or more that require advance notice:
Large orders are a bit more involved, requiring both advance booking and scheduling to meet specified ship dates. Our policies will be explained at the time the order is placed by phone.

Disclaimers   Virtula Bakery™ creates all confections by hand using the finest ingredients possible. Baked goods may contain ingredients including but not limited to eggs milk, and chocolate, which may cause allergic reactions. There may also be allergens in some of the products we use due to contamination in the plants where they were processed. Customers concerned with food allergies should be aware of this risk and avoid consumption. Virtula Bakery will not assume any liability for adverse reactions to foods consumed or items that may come in contact with during preparation or delivery. 
 All Virtula Bakery baked goods are created with certified gluten-free flours, but the company does NOT bake in a dedicated gluten-free facility, and therefore cannot guarantee that the baked goods are not contaminated by airborne gluten particles.

Copyright and License 
The content within this Website, including, without limitation, the design, source code, software, text, graphics, images, photographs, video and audio files, other files, trademarks, service marks, trade names, and other data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of Company. ALL RIGHTS RESERVED Copyright © 2013 and/or its licensors. You are granted a limited, non-sublicensable right to access this Website, and print the Content information published on this Website for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to: publicly perform, display, or publish any content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Website or the Content; sell, market, distribute, or make commercial use of the Website or any Content; use frame or framing techniques to enclose any portion of this Website (including the images, graphics, or video found at this Website, any text, or the layout/design of any page or form contained on a page); or collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods; Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.

Trademarks and Service Marks 
All Company product names, slogans, and our logos on this Website are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any meta tags or any other “hidden text” utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. 



Privacy 
By using cookies, this Website automatically recognizes the user’s Internet service provider and does collect information on which pages are visited. However, the user cannot be recognized as an individual. Company collects personally identifiable information volunteered for promotions, e-commerce, or interactive elements. Aside from authorized third parties, Company never shares specific details about a user’s household and will never release credit card, financial or survey information to unauthorized third parties. For more information regarding Company’s privacy policy, please visit our Privacy Page. 
Use of Material Submitted to Company (User Generated Content, “UGC”) 
You will retain your ownership interest in all communications or files provided by you to Company, or this Website, via message boards, forums, uploads, postings, and/or by electronic mail, telephone, text messaging, mail, or otherwise, including any text, pictures, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the “Material”), and in any ideas, concepts, knowledge, or techniques (“Information”) contained in the Material. You hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sub-licensable and transferable license in perpetuity to use and/or edit all submitted Material in any manner and for any purposes on the Website. All such Material and Information is, and will be treated as, non-confidential and non-proprietary. Company retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. Company may not be able to review all Material submitted and nothing herein requires Company to use, review or distribute Material provided by a user. You represent and warrant that prior to submission, you own the Material and Information submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said Material and/or Information on the Website does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Company reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Nothing herein requires Company to use, review or distribute the aforementioned Material and Information provided by a user. Company reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and the user understands there shall be no consideration, royalties or other compensation from Company, its agents, affiliates or assigns for use of said Material or Information. Further, by providing Material and/or Information to the Website, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Company, together with its parents, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Material and/or Information. The user will not post commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services. For embedded or other material hosted on a third party server (e.g., a YouTube® video), said content shall be in compliance with the external website’s terms and conditions. Unauthorized Use Prohibited 
The user will not post Material or Information resulting from unauthorized use, or impersonation, of another registered user’s identity, name, screen-name, or persona; however, Company is not responsible for screening for any such conduct. Company is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of a user’s identity, name, screen-name, persona, or account, and you may be liable for the losses of Company or others due to such unauthorized use. 



Commercial Advertisements and Other Prohibited Material 
The user will not: post commercial advertisements; create/send commercial greeting cards (e-cards); create/send “spam” bulk messages, or other solicitations, in any manner relating to other websites, products, or services. In addition, Company reserves the right to remove without notice any Material or Information it deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or constitutes an invasion of privacy, or which in any manner violates these Terms. Company reserves the right to remove a user’s registered account at any time for violating these Terms. 



Third Party Links 
Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Website. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the website or any information contained therein. When leaving this Website, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website. 


No Warranties 
THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. 
THIS WEBSITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE WEBSITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION. 
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE WEBSITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE. 

Limitation of Liability 
IN NO EVENT SHALL COMPANY, OR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS, SUCCESSORS, AND/OR ASSIGNS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY UNAUTHORIZED CREDIT CARD CHARGES OR ELECTRONIC PAYMENTS PROVIDED TO COMPANY IN CONNECTION TO THE WEBSITE’S E-COMMERCE ACTIVITIES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM YOUR USE OF THE WEBWEBSITE, EVEN IF THE COMPANY PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE COMPANY PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE WEBSITE.

Indemnification 
In using this Website, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold harmless Company and its affiliates, successors and assigns, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Website. 



Arbitration Clause 
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE STATE OF CALIFORNIA. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THIS AGREEMENT AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS. 



Miscellaneous 
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms. 



Digital Millennium Copyright Act 
Company provides the Website as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Website, please notify us by email at info@virtulabakery.com with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement: 
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

 

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