Terms of Sale

FranzGlutenFree.com Terms of Sale

These terms and conditions (the "Terms of Sale") are between you and United States Bakery dba Franz Bakery ("us" or "Franz"). These Terms of Sale apply when you purchase products ("Merchandise") on the Franz website at FranzBakery.com or any mobile version thereof (collectively, the "Site"). By placing an order for Merchandise through the Site, you accept these Terms of Sale and agree to be bound by them.  If you have any questions about these Terms of Sale or any aspect of your order, please contact our customer service department at GlutenFree@FranzBakery.com.

    • These Terms of Sale, together with the Site's Terms of Use and the Site's Privacy Policy constitute the sole and entire agreement between you and Franz with respect to the subject matter of these Terms of Use, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter. In the event of any inconsistency between the statements in these Terms of Use, and the related Terms of Use and Privacy Policy, these Terms of Sale will control.
  1. Ordering & Payment.
    • After we receive your order for Merchandise, you will receive an email from us confirming receipt of your order. If you do not receive an email, contact us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order.
    • If we reject your order because of an error in pricing, product, payment, or other information in your order, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant Merchandise once the error is corrected.
    • We use a third party provider for all payment processing services, so in addition to these Terms of Sale, you must also agree to, and by placing an order on the Site you do agree to, the terms and conditions of such third party provider. Please ensure your billing address on file with your financial institution matches the billing address provided. It is your responsibility to retain all records of your purchase in the event it may be needed in the future. Should any personal information that is necessary to fulfill your order change after the time your order was placed (such as shipping address or phone number), it is your responsibility to contact us with updated information. If your order is returned to us due to incorrect shipping information, you may be subject to a return shipment fee. Your order confirmation will reflect the items ordered and the total amount to be charged. Your bank or card issuer's agreement governs your use of your designated card or account in connection with your purchase, and you must refer to such agreement (not this agreement) with respect to your rights and liabilities as an accountholder or cardholder.
    • Merchandise on our Site may, on rare occasion, be mispriced. If an item's correct price is lower than our stated price, we will refund the difference and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for additional payment before shipping or cancel your order and notify you of such cancellation.
    • Franz will invoice and collect for applicable sales taxes where and when appropriate. In all other cases, you are responsible for paying all sales, use and other taxes relating to any of your purchases of Merchandise through this Site.
  2. Merchandise Backorder or Shipping Delay. If we are unable to ship any Merchandise within 30 days from the date of your order, we will notify you at the e-mail address that you have provided.  You will not be charged for Merchandise on backorder until it ships. All items in an order will be shipped via the shipping service type selected when placing the order. If an item of Merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on our Site relating to the order, Franz may cancel the order. If this occurs, we will contact you so you are aware.
  3. Customer Service. You may request to change or cancel your order at any time before your order has been processed. To make changes to your order, please contact our customer service department by e-mail at GlutenFree@FranzBakery.com.
  4. Shipping Policies.
    • The Merchandise will be delivered by the shipping method that you select at the time you place your order, subject to availability of Merchandise. Franz will not be liable for any delays, loss or damage in transit. The title to the Merchandise will transfer to you from Franz upon shipment, after which point Franz will have no liability for any loss of, or damage to, the Merchandise.
    • Franz may, in its sole discretion, without liability or penalty, make partial shipments of Merchandise to you.
    • Franz will not be liable for any non-delivery of Merchandise (even if caused by Franz's negligence) unless you give written notice to Franz of the non-delivery within 10 days of the date when the Merchandise would in the ordinary course of events have been received. Any liability of Franz for non-delivery of the Merchandise will be limited to replacing the Merchandise within a reasonable time or adjusting the invoice respecting such Merchandise to reflect the actual quantity delivered.
    • Please inspect your Merchandise immediately upon receipt. If you have questions or concerns about the Merchandise, please contact customer service as soon as possible at GlutenFree@FranzBakery.com.
    • We do not accept returns on bread or bakery products due to its perishable nature. However, we are quite willing to resolve problems as they arise. If you have any issues with your bread or bakery products, or if there are errors in your order, please contact us at GlutenFree@FranzBakery.com within 2 days of receiving your order. We will do our best to ensure that you are satisfied.
    • Complaints or concerns must be reported within 10 days of shipment; after that time your acceptance of the Merchandise is irrevocable.
    • Please contact us within 10 days of delivery if an incorrect item was received. If we are not contacted until after the 10 day period regarding receipt of an incorrect item, you will not be eligible for a complimentary replacement.
  1. Limitation of Liability.
    • THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. IN NO EVENT WILL FRANZ, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO FRANZ FOR THE MERCHANDISE. FRANZ WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    • 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.
  2. Data Security. Franz reserves the right to store your personal information given to us in our secure database for business purposes. Please see our Privacy Policy for information about how we collect, use, share, and protect your personal information.
  3. No Purchases by Minors. You must be at least the age of majority where you reside to order from the Site. If Franz discovers that an order has been placed by a minor, we will attempt to cancel that order and inform you. If a person of less than majority age orders and receives Merchandise from the Site without parent or guardian permission, that parent or guardian may return the Merchandise according to the return policy stated above.
  4. Other Terms, Governing Law & Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon in each case located in Portland and Multnomah County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. To the full extent permitted by law, no legal proceeding will be joined with any other or decided on a class-action basis.

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08-22-16