By accessing or using Bar Lucia's website (the “Site”), you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of the terms contained herein, do not use this Site.
These Terms of Use govern your access to, and use of, all or part of any website or mobile application of Kara’s Cupcakes Incorporated or its subsidiaries and affiliated companies (collectively, “Kara’s Cupcakes.”) Please read these Terms of Use and the Kara’s Cupcakes Privacy Policy (“Privacy Policy”) carefully before using this Site. The Privacy Policy is incorporated by reference into these Terms of Use and these Terms of Use and Privacy Policy together are hereinafter referred to as this “Agreement.” If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and Kara’s Cupcakes for violations of these Terms of Use.
This Agreement contains provisions that limit our liability to you.
This Terms of use governs in the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Site. If you navigate away from the Site to a third party site, you are subject to their terms and conditions of use. In such event, the terms and conditions of use applicable to that website governs your use of that website.
Kara’s Cupcakes reserves the right to change or modify these Terms of Use or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.
eligibility
This Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site under supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
privacy
Please read the Privacy Policy carefully to understand how Kara’s Cupcakes collects, uses and discloses personally identifiable information from its users.
terms of sale
1. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. All orders must be placed at least 4 hours in advance of the desired pick-up or delivery time. We reserve the right to refuse any order in our sole discretion. Before accepting your order, we may require additional information if you have not provided all of the required information required to complete your order. Once a properly completed order is received, authorization of your form of payment is received and you have received a confirmation email from us, we will promptly place your order. There may be a time when we need to contact you in regards to order delivery or pick up time or questions with your order.
2. Pricing and Availability
All prices for products (and the associated tax) 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 if you have already placed your order. All prices are subject to change without notice.
3. Payment Terms
Kara’s Cupcakes currently accepts Visa, MasterCard, and American Express. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes) 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. Problems with your order.
We attempt to be as accurate as possible; however, if a problem with your order occurs, please contact us via email at hello@karascupcakes.com or call us at (415) 563-2220 to speak with our production manager. The sole remedy in the event of an error is to do one of the following: reissue your order, cancel your order, or refund your order. All cancelations are within a 24 hour notice.
5. Allergies.
Kara’s Cupcakes creates each cupcake by hand using fine ingredients from local, organic, and sustainable producers whenever possible. Our cupcakes may contain ingredients including but not limited to eggs, milk, nuts, and other ingredients which may cause allergic reactions. Customers concerned with food allergies should be aware of this risk. Kara’s Cupcakes will not assume any liability for adverse reactions to foods consumed or items that may come in contact with during the course of preparation and delivery or pickup.
intellectual property rights
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Kara’s Cupcakes logo and all designs, text, graphics, pictures, editorial content, information, data, formatting, software, sound files, look and feel, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property (“Proprietary Material”) of Kara’s Cupcakes or its licensors or users and are protected by U.S. and international copyright laws. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Kara’s Cupcakes owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Kara’s Cupcakes and/or the relevant right holder.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of Kara’s Cupcakes, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
digital millennium copyright act (“DMCA”) notice
Kara’s Cupcakes and this Site respect the intellectual property of others. If you believe, in good faith, that any material available via the Site infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Kara’s Cupcakes
Attn: DMCA Designated Agent
3249 Scott Street
San Francisco, CA 94123
hello@karascupcakes.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Kara’s Cupcakes has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Kara’s Cupcakes may also, in its sole discretion, limit access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
third party links, content, products and services
You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such links do not portray Kara’s Cupcakes in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Kara’s Cupcakes’ logo or other proprietary graphics to link to our Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Kara’s Cupcakes trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Kara’s Cupcakes or any third party.
Kara’s Cupcakes makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Site. Such websites are not under the control of Kara’s Cupcakes and Kara’s Cupcakes is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such websites. Kara’s Cupcakes and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Kara’s Cupcakes of any site or any information contained therein.
Kara’s Cupcakes may provide third party content on the Site and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Kara’s Cupcakes is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
disclaimer of warranties
Use of the Site is entirely at your own risk. The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither Kara’s Cupcakes nor its affiliates or licensors warrant that access to the Site will be uninterrupted or that the Site will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the timeliness, accuracy, reliability, completeness of content or any service, information or materials provided through or in connection with the use of the Site.
limitation on liability
To the maximum extent permitted by applicable law, Kara’s Cupcakes and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Kara’s Cupcakes, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Kara’s Cupcakes’ records, programs or services. In no event shall the aggregate liability of Kara’s Cupcakes, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to Kara’s Cupcakes for access to or use of the Site.
indemnification
You agree to defend, indemnify and hold harmless Kara’s Cupcakes, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) your violation of these Terms of Use; (c) your violation of any rights of another; or (d) your conduct in connection with the Site.
modifications to the Site
Kara’s Cupcakes reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Kara’s Cupcakes will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
termination
Notwithstanding any of these Terms of Use, Kara’s Cupcakes reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.
governing Law
Access to and use of the Site and these Terms of Use are governed by U. S. federal law and/or the laws of the State of California, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site or these Terms of Use shall be instituted only in a state or federal court located in San Francisco County, California. You and Kara’s Cupcakes agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
contact us
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site. You may contact us at hello@karascupcakes.com.