Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Jar Bakery!

The terms “we,” “us,” and “our” refer to Jar Bakery. Jar Bakery operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).

Jar Bakery is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover matters including warranty disclaimers, limitations of liability, ordering, shipping, privacy, and marketing communications.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use certain portions of the Services, including purchasing products from our online store, you may be asked to provide information such as your name, email address, telephone number, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to us is accurate, current, and complete and that you have the right to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account.

You may not transfer, sell, assign, or license your account to another person without our prior written consent.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to display and describe our products as accurately as possible.

However, product colors, packaging, appearance, size, presentation, or other characteristics may vary slightly from images displayed on our website due to differences in screens, devices, lighting, photography, packaging updates, ingredient availability, or normal variations in handmade or food products.

We do not warrant that the appearance or quality of any product purchased by you will exactly match photographs or other representations displayed on our website.

All product descriptions, pricing, availability, ingredients, packaging, and other product information are subject to change at any time without notice.

We reserve the right to discontinue any product at any time and to limit quantities available for purchase by any person, household, geographic region, or jurisdiction.

Customers are responsible for reviewing product descriptions, ingredient information, preparation instructions, and other information provided with or about our products before use or consumption.

SECTION 3 - ORDERS

When you place an order through our Services, you are making an offer to purchase products from Jar Bakery.

Jar Bakery reserves the right to accept, decline, limit, or cancel an order for any lawful reason and at our discretion.

Your order is not considered accepted until we confirm acceptance and payment has been successfully processed.

Please review your order carefully before submitting it. Once an order has been accepted or entered into preparation or fulfillment, we may not be able to accommodate cancellation or modification requests.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, telephone number, billing address, or other contact information provided with your order.

Purchases are subject to our Refund Policy.

You represent and warrant that purchases made through the Services are for lawful personal, household, or permitted business use and are not intended for unauthorized resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, shipping charges, and product availability are subject to change without notice.

The price charged for a product will generally be the price displayed at the time your order is placed and will appear in your order confirmation.

Unless otherwise stated, displayed prices may not include applicable taxes, shipping charges, handling fees, customs duties, import fees, or similar charges.

Prices available through our website may differ from prices available at farmers markets, events, retail locations, wholesale channels, or other sales channels.

We may periodically offer promotions or discounts subject to separate promotional terms. If the terms of a promotion conflict with these Terms of Service, the specific promotional terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information.

You agree to promptly update information when necessary so that we can complete transactions and contact you regarding your order.

You represent and warrant that:

  1. The payment information you provide is accurate and complete.
  2. You are authorized to use the payment method provided.
  3. Charges incurred by you will be honored by your payment provider.
  4. You will pay all applicable charges associated with your order, including shipping and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery dates are estimates only and are not guaranteed.

Jar Bakery is not responsible for delays caused by shipping carriers, weather, transportation disruptions, customs processing, incorrect or incomplete addresses, natural disasters, labor disruptions, governmental actions, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

Additional shipping charges caused by incorrect or incomplete address information may be the responsibility of the customer.

Once an order has been transferred to a shipping carrier, delivery is subject to the carrier’s policies and operations.

Where permitted by applicable law, title and risk of loss may pass to you when the order is transferred to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their contents, including but not limited to trademarks, brand names, logos, text, photographs, graphics, product descriptions, recipes, videos, audio, designs, layouts, and other materials, are owned by or licensed to Jar Bakery and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit material from the Services except as permitted by applicable law.

Nothing in these Terms grants you any license or ownership rights in Jar Bakery’s intellectual property, Shopify’s intellectual property, or the intellectual property of any third party.

Jar Bakery’s names, logos, product names, service names, designs, and slogans may constitute trademarks or other protected intellectual property of Jar Bakery or its licensors.

Shopify’s names, logos, products, services, designs, and slogans are trademarks or intellectual property of Shopify.

All other names, logos, marks, and brands appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools, services, features, integrations, applications, or resources offered by third parties.

We may not monitor, control, or have input into these third-party tools.

You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations, conditions, or endorsements of any kind.

To the fullest extent permitted by law, Jar Bakery will not be liable for damages arising from your use of optional third-party tools.

Your use of third-party tools is at your own risk and may also be governed by separate terms and privacy policies issued by the applicable third-party provider.

We may introduce additional features, tools, or resources through the Services in the future. Unless otherwise stated, those features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, materials, integrations, or functionality provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, products, services, practices, or policies of third-party websites or services.

If you choose to access a third-party website or service, you do so at your own risk.

Jar Bakery is not responsible for damages, losses, disputes, or claims arising from your access to or use of third-party websites, products, services, resources, or content.

You should review the applicable third party’s terms, policies, and practices before entering into any transaction.

Questions or complaints concerning third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Jar Bakery is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our store are transactions directly between you and Jar Bakery.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Jar Bakery, including injury, damage, loss, product quality, fulfillment, refunds, shipping, or customer service relating to products purchased from Jar Bakery.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising directly from your purchases and transactions with Jar Bakery.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process information concerning your access to and use of the Services in order to provide and improve its services.

Information submitted through the Services may be transmitted to Shopify and other service providers that assist us with payments, fulfillment, analytics, marketing, customer communications, fraud prevention, shipping, and operation of our store.

Some service providers may process information in jurisdictions other than where you reside.

Please review our Privacy Policy for additional information concerning how personal information is collected, used, stored, shared, and protected.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, proposals, plans, comments, or other materials to us (“Feedback”), you grant Jar Bakery a worldwide, perpetual, non-exclusive, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, display, distribute, adapt, and otherwise use such Feedback for lawful business purposes.

You represent and warrant that:

  1. You own or possess the necessary rights to provide the Feedback.
  2. Your Feedback does not violate the rights of any third party.
  3. You have disclosed any compensation or incentive received in connection with the Feedback where required by law.
  4. Your Feedback complies with these Terms.

We are not obligated to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback unless otherwise required by law.

We may remove or edit Feedback that we reasonably determine to be unlawful, abusive, defamatory, obscene, misleading, infringing, or otherwise inappropriate.

You are responsible for the accuracy and legality of Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, delivery estimates, ingredients, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Where permitted by law, we may cancel or modify an order if information relating to that order was materially inaccurate.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

  1. For unlawful, fraudulent, abusive, or malicious purposes.
  2. To violate federal, state, provincial, local, or international laws or regulations.
  3. To infringe our intellectual property rights or the rights of another person.
  4. To harass, abuse, threaten, defame, intimidate, discriminate against, or harm another person.
  5. To submit false, misleading, or fraudulent information.
  6. To distribute spam, chain letters, junk mail, or unauthorized solicitations.
  7. To impersonate another person or entity.
  8. To introduce viruses, malicious code, or harmful technology.
  9. To collect or track personal information of others without authorization.
  10. To interfere with, bypass, disable, or circumvent security measures.
  11. To reproduce, scrape, extract, copy, sell, resell, or exploit portions of the Services without authorization.
  12. To use automated systems in a manner that violates our instructions, security controls, or applicable law.

We reserve the right to suspend or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, enable, permit, or deploy an automated or semi-automated software system or service (“Agent”) to access or interact with the Services.

An Agent may not access or interact with the Services in violation of applicable law, these Terms, security controls, access restrictions, or instructions provided by Jar Bakery.

We may limit or prohibit automated access to the Services.

Agents must not conceal their automated nature, impersonate human users, improperly bypass CAPTCHAs or access restrictions, interfere with security controls, or intentionally misrepresent the source of automated activity.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services if permitted by applicable law, including if we reasonably believe you have violated these Terms.

You remain responsible for amounts properly owed to us up to the effective date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, privacy, dispute-related provisions, and governing law.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

We do not warrant that all information will always be accurate, complete, current, or suitable for every purpose.

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” except where expressly stated otherwise.

We disclaim warranties or conditions that may otherwise apply, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the extent such disclaimers are permitted by law.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain exclusions or limitations of warranties. In those jurisdictions, some of the above exclusions may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, JAR BAKERY AND ITS OWNERS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, PARTNERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, BUSINESS OPPORTUNITY, OR REPLACEMENT COSTS.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SOME JURISDICTIONS LIMIT THE ABILITY TO EXCLUDE OR LIMIT CERTAIN TYPES OF DAMAGES, AND IN SUCH CASES THESE LIMITATIONS WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Jar Bakery, Shopify, and our respective affiliates, owners, officers, employees, agents, contractors, licensors, partners, and service providers from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising from:

  1. Your material breach of these Terms.
  2. Your violation of applicable law.
  3. Your violation of the rights of a third party.
  4. Your unlawful or unauthorized use of the Services.

We may assume control of the defense or settlement of an indemnified claim where permitted by law, and you agree to provide reasonable cooperation.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms, and the remaining provisions will remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules referenced or posted through the Services, constitute the entire agreement between you and Jar Bakery concerning your use of the Services, except where separate written terms expressly apply.

These Terms supersede prior agreements, communications, and proposals concerning the same subject matter.

Any ambiguity in these Terms will not automatically be interpreted against the party that drafted them.

SECTION 21 - ASSIGNMENT

You may not assign, delegate, or transfer these Terms or your rights or obligations under them without our prior written consent.

We may assign or transfer our rights and obligations under these Terms where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which Jar Bakery provides Services will be governed by and interpreted in accordance with applicable law in the jurisdiction where Jar Bakery is headquartered, without limiting any mandatory consumer protections that apply to you.

You agree that disputes may be brought before courts having proper jurisdiction over Jar Bakery, subject to applicable law.

SECTION 23 - HEADINGS

Headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning or interpretation of any provision.

SECTION 24 - SMS MARKETING TERMS

Jar Bakery may offer customers the opportunity to receive recurring SMS or text-message marketing communications.

By voluntarily providing your mobile telephone number and expressly opting in to receive marketing text messages from Jar Bakery, you consent to receive recurring automated or non-automated promotional and marketing text messages at the telephone number you provided.

Messages may include promotional offers, discounts, product announcements, new product releases, farmers market information, event announcements, reminders, cart-related messages, and other Jar Bakery marketing communications.

Consent to receive marketing text messages is voluntary and is not a condition of purchasing any goods or services from Jar Bakery.

SMS marketing consent is separate from email marketing consent.

MESSAGE FREQUENCY

You can expect to receive approximately 2–3 marketing text messages per week.

Actual message frequency may occasionally vary depending on promotions, farmers markets, events, product launches, seasonal announcements, or other relevant Jar Bakery updates.

MESSAGE AND DATA RATES

Message and data rates may apply.

Your wireless carrier may charge you for sending or receiving SMS or text messages in accordance with your mobile service plan.

Jar Bakery is not responsible for charges imposed by your wireless carrier.

OPTING OUT

You may opt out of Jar Bakery marketing text messages at any time by replying:

STOP

After you send STOP, you may receive a final confirmation message confirming that you have been unsubscribed.

You will no longer receive Jar Bakery marketing text messages unless you subsequently opt in again.

SMS CUSTOMER SUPPORT

For assistance with our SMS marketing program, reply:

HELP

You may also contact us at:

Jar Bakery
Email: jarbakery@myyahoo.com

CARRIER DISCLAIMER

Wireless carriers are not responsible for delayed, undelivered, or incorrectly delivered messages.

SMS delivery depends on wireless networks, carriers, devices, and other systems outside Jar Bakery’s control.

Jar Bakery cannot guarantee the receipt or delivery time of individual text messages.

YOUR MOBILE NUMBER

You represent that the mobile telephone number you provide belongs to you or that you are otherwise authorized to use that number and consent to receive messages at that number.

If your number changes, is disconnected, or is reassigned to another person, you should unsubscribe or contact Jar Bakery so that our records can be updated.

SMS PRIVACY

Information collected in connection with our SMS marketing program is handled in accordance with our Privacy Policy.

We may use Shopify and other service providers to help administer or deliver SMS communications.

Information necessary to provide SMS services may be shared with those service providers for purposes such as message delivery, program administration, analytics, fraud prevention, and compliance.

We do not treat your consent to receive SMS marketing as consent for unrelated third parties to send you their own marketing messages.

SMS PROGRAM CHANGES

Jar Bakery may modify, suspend, or discontinue its SMS marketing program at any time.

We may also update these SMS Marketing Terms from time to time.

Your continued participation in the SMS marketing program following any applicable update is subject to the terms then in effect and applicable law.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms of Service on this page.

We reserve the right to update, modify, or replace any portion of these Terms by posting an updated version through our website.

Where required by law, we will provide notice of material changes.

Changes become effective as stated in the applicable notice or, where no specific effective date is stated, when posted.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by applicable law.

SECTION 26 - CONTACT INFORMATION

Questions regarding these Terms of Service, our store, or our SMS Marketing Program may be sent to:

Jar Bakery
Email: jarbakery@myyahoo.com