Terms of service
Terms and Conditions – Baker Brands LLC
1. Acceptance of Terms
By placing an order, making payment, or otherwise engaging with Baker Brands LLC (“Baker Brands,” “we,” “us”), you (“Customer”) acknowledge and agree to be bound by these Terms and Conditions in full. These Terms constitute a legally binding agreement between you and Baker Brands LLC, a Michigan limited liability company.
2. Orders, Deposits, and Cancellations
All orders are subject to acceptance by Baker Brands at its sole discretion.
A deposit may be required to confirm and initiate an order. Payment of such deposit constitutes full acceptance of these Terms and Conditions.
All deposits are non-refundable. Custom orders cannot be cancelled once production has begun. All sales of custom products are final, except in cases of manufacturing defect as determined by Baker Brands.
By paying a deposit, the Customer agrees to remit the remaining balance in full prior to shipment of the product, unless otherwise agreed in writing.
3. Payment Terms and Chargebacks
Unless otherwise agreed in writing or on your invoice, full payment is required before production begins.
Accepted payment methods include check, bank transfer, credit card, or other mutually agreed methods. All credit card payments are subject to a 3% processing fee.
Any balance payment not received within thirty (30) days of the due date shall incur a monthly late fee of 1.5% of the outstanding balance, at the discretion of Baker Brands.
Chargebacks are strictly prohibited. Initiating a chargeback without prior written communication and attempted resolution with Baker Brands is a breach of contract. In such cases, the Customer remains liable for the full amount due, plus any associated bank, legal, or collection costs.
4. Delivery, Risk of Loss, and Claims
Delivery dates are estimates only and are not guaranteed. Baker Brands is not liable for delays caused by suppliers, carriers, customs, or events beyond our control.
The Customer must inspect all deliveries upon receipt. Any claims for shortages, defects, or damages must be submitted in writing within five (5) business days of delivery. Failure to notify Baker Brands within this period constitutes acceptance of goods as delivered.
5. Proofs, Artwork, and Design Approval
For custom products, Baker Brands will provide digital proofs or mockups for Customer approval prior to production.
Once a proof is approved, Baker Brands is not responsible for errors in spelling, grammar, color, sizing, or design details, including color variations due to display differences between digital screens and printed products.
The Customer accepts that minor variations in size, placement, or color may occur and do not constitute a defect.
6. Intellectual Property
All artwork, designs, branding materials, and other intellectual property created by Baker Brands remain our sole and exclusive property unless otherwise agreed in writing.
The Customer warrants that they have all necessary rights, licenses, and permissions to use any logos, trademarks, or designs they provide to Baker Brands.
The Customer agrees to indemnify, defend, and hold harmless Baker Brands from any claims, damages, or liabilities arising from alleged or actual infringement of third-party intellectual property rights.
7. Regulatory Compliance
Baker Brands is not responsible for ensuring compliance with any state, federal, or other governmental laws, regulations, or requirements, including but not limited to those governing the design, labeling, packaging, marketing, or sale of custom products. The Customer is solely responsible for determining and complying with all applicable laws and regulations related to the purchase, use, and resale of products obtained from Baker Brands. Baker Brands shall not be held liable for any fines, penalties, enforcement actions, losses, or damages arising from the Customer’s failure to comply with such requirements.
8. Warranty Disclaimer
Unless otherwise stated in writing, all products are sold “as-is” without any express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose.
Baker Brands’ sole obligation for any defective product is, at our discretion, to repair, replace, or credit the purchase price of the defective product.
9. Limitation of Liability
In no event shall Baker Brands be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, business interruption, or loss of goodwill, even if advised of the possibility of such damages.
Baker Brands’ total liability for any claim related to its products or services shall not exceed the total amount actually paid by the Customer for the specific products or services giving rise to the claim.
Baker Brands shall not be liable for any injury, harm, property damage, or loss resulting from the use, misuse, or defect of any product supplied. The Customer assumes all responsibility for determining the suitability of the products for their intended use and for ensuring safe usage.
10. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-law rules. Any dispute arising under or related to these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Oakland County, Michigan.
11. Modifications to Terms
Baker Brands reserves the right to update or modify these Terms at any time without prior notice. Modifications are effective immediately upon posting on our website or direct communication to the Customer. Continued engagement, payment, or acceptance of goods constitutes acceptance of the revised Terms.
12. Acknowledgment
By submitting payment of any kind, including deposits, the Customer affirms they have read, understood, and agreed to these Terms and Conditions in full.