ORDER FULFILLMENT TIME FRAMES
We will do our best to fulfill orders in a timely manor, we understand the needs of Chefs in the Kitchen. For our wholesale local chefs, if the product is stock and available, we will attempt to have it delivered locally within three business days, however most orders should be delivered the next business day. For internet orders, shipping will be based upon your selected shipping method.
PRODUCT AVAILABILITY AND OUT-OF-STOCK ITEMS
We regularly update our site so it shows the current availability of items. However, as we do also service wholesale customers who can make large purchases at times, sometimes we may run out of stock of an item. If something is out-of-stock we'll give you a call to discuss how to handle the missing item, and provide some available substitutes for you or an ETA on when we expect to receive the missing item again.
COMBATING FRAUD AND THEFT
We take a very active approach to combating fraud and theft, both with orders placed for our products and keeping your information safe and secure. It is a violation of State and Federal law to place orders under a false name or with an invalid or stolen credit card. We will take all steps possible to prosecute all people placing fraudulent orders to the fullest extent of the law possible. We will actively work with the U.S. Secret Service, the FBI, and other local law enforcement to prosecute anyone committing fraud online. If we deem any order as a potential for fraud, we may require additional information to confirm the validity of your order, including a picture of the credit card used along with a valid government issued identification.
We take equal steps to ensure that when you order with us your information is protected and secure. We employ advanced encryption methods and use SSL technology to ensure that any information you submit to us is safe and secure.
ORDER CANCELLATION / MODIFICATION
We will honor all order cancellation and modification requests as much as possible. However, we do pack many orders a day, and if your order has already been packed and out for delivery it may be impossible to cancel or modify. During November and December simply due to the sheer volume of holiday orders, we are not able to cancel or modify orders once they are placed.
Our products are subject to availability due to weather and seasonal variations. We reserve the right to make changes to its pricing to reflect changes in market supply. We pledge to make the customer aware of any changes as soon as it is possible.
DISCOUNT CODES AND OFFERS
Cannot be combined with any other offer, only 1 discount code can be used per order. Only applies to in-stock products, no back orders allowed.
PLEASE READ THIS CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
ELECTION FOR BINDING ARBITRATION
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against The Pastry Depot arising out of or relating to this purchase or your use of The Pastry Depot website (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to The Pastry Depot by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. Unless you and we agree otherwise, any arbitration will take place in Fulton County, Georgia and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
COSTS OF ARBITRATION
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and The Pastry Depot are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and The Pastry Depot both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
GOVERNING LAW -GEORGIA
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia notwithstanding any conflict of law rules.
DISCLAIMERS AND LIMITS OF LIABILITY
In the event that The Pastry Depot is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the dollar value of the order that you had placed or the value of the product that came into question. The Pastry Depot shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
The Pastry Depot may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and The Pastry Depot, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.