Registered merchant
Demo Bakery
Slate Drive 520
L5T 0A1 Mississauga
12345678
/demo-bakery-english
Terms and conditions
General conditions - End users
We appreciate the confidence you place in Bakeronline SA, Adolf Baeyensstraat 53, 9040 Ghent, Belgium (VAT BE0543469620), hereinafter referred to as ‘Bakeronline’, and take your rights seriously. These general conditions will inform you about your legal rights relating to the use of our website, website application and application, hereinafter referred to collectively as ‘Services’. By accessing our Services, you agree to comply with the terms and conditions below. These terms are applicable to all uses to which you apply our Services, including without limitation, all offers, orders, or agreements you enter into, or benefit from, with and/or via Bakeronline.
SERVICES
Bakeronline offers a communication, order and transaction platform to registered merchants and their customers, the end users. Via Bakeronline’s Services registered end users can order (and if applicable pay) online at the registered merchants. Bakeronline is not a party nor a mediator, but its sole role is to provide the necessary infrastructure to the registered merchants and end users.
REGISTRATION
Every end user who wishes to use our Services, is obligated to register. The registration form has to be completed completely, accurately and in its entirety. By registering for our Services, you confirm, without limitation, that you are at least 18 years old. Bakeronline has the unrestricted and absolute right to refuse your registration or in case of abuse or fraud to reverse your registration. There is no claim or right to the registration. The agreement between Bakeronline and the end user about the use of Bakeronline’s Services is confirmed at the moment of registration and after confirmation by Bakeronline, either by email or by simply allowing the end user access to the Services.
The end user commits himself to protect his password and other (personal) data entered during and after registration on our Services against unauthorized access. If the end user has knowledge of a (potential) security breach, whether by theft or unauthorized transfer of (personal) data, or the end user believes such a security breach might happen, he should immediately notify Bakeronline. The end user, or any other (related) individual, is not allowed to access the account of another registered individual or merchant. The end user commits himself to update his password regularly.
RIGHT OF TERMINATION OR CANCELLATION
The end user has the right to terminate his purchase as long as the registered merchant has not approved the order yet. The registered merchant always has the right to refuse an order, in the absolute and unfettered discretion of the merchant. In case of approval/refusal the end user will receive confirmation by way of an email. This means, that the end user no longer has the right the terminate his purchase from the moment the registered merchant approves the order. This is the moment the agreement between the registered merchant and the end user is confirmed and entered into. The end user can be held accountable for the payment of the order at all times where the end user does not attend to the pickup of the order at the confirmed time and location. In case of home delivery, the end user will do everything within his power to receive the order at the agreed time and location. If the end user cannot adhere to this time, he will contact the registered merchant at least 2 hours in advance.
The registered merchant has only a commercially best efforts obligation when it comes to the access, ordering process, delivery or other services via its Bakeronline webshop. It has the right (in whole or in part) to withdraw or limit its webshop at any given moment due to maintenance, updating or any other reason in the discretion of the registered merchant, and this without obligation to notify the end users.
PICKUP/DELIVERY OF YOUR ORDER
The pickup address is the shop address of the registered merchant at whom you ordered, unless stated otherwise on the registered merchant’s webshop. The delivery address is determined during the ordering process. Bakeronline cannot be held accountable for late or ‘forgotten’ orders. The registered merchant remains accountable at all times for the timely preparation and delivery of your order.
The end user is obligated, under penalty of loss of rights, to inspect the order at the moment of receipt. Each problem or lack related to the products’ quality should be reported to the registered merchant immediately. The burden of proof lies with the end user.
The registered merchant cannot be held accountable for delays and/or non-execution of the agreement in case of any event of force majeure or any event beyond the control of the registered merchant, including without limitation: difficulties or delays due to strikes, server or internet connectivity or communication problems, transport or communication issues, floods, fire, website errors, epidemics, pandemics, quarantine restrictions, labour unrest, payment process service provider errors, acts of God, act of public enemies, sabotage, riots, floods, hurricanes, explosions or other catastrophes.
The registered merchant cannot be held accountable for any damage or personal injury caused by inappropriate, incorrect or irresponsible use of the product or for any damage caused by negligence (regular or gross) or intentional misconduct of a third party or the end user or his representative.
PRICES AND PAYMENT
The prices displayed at our Services are applicable. Only in case of ‘target price’ the actual price can slightly deviate in the shop (e.g.: in case of products which are priced per kg). The registered merchant is responsible to signal target prices. If he uses the ‘Target Price’-feature provided by Bakeronline, the end user is reminded of the potential price change several times.
All prices are excluding additional costs (e.g.: delivery cost). These additional costs, including without limitation, all applicable taxes, will be added during the ordering process. The registered merchant is responsible to keep it’s prices current. The order will not be processed nor directed to the registered merchant if the payment was not authorized, unless the end user elected to pay at the time of pickup.
INTELLECTUAL PROPERTY
All rights concerning the software of Bakeronline including, without limitation, the trade mark, name, logo, design, layout, code, concept, and procedures of Bakeronline remain the sole and exclusive property of Bakeronline at all times and will never be transferred to the end user. Also the pictures taken by the Bakeronline-photographer remain property of Bakeronline. The end user can only use the information available on the Services for personal and non-commercial purposes.
INFORMATION
The registered merchant is responsible for the correctness of the product information and has to make sure that this information is correct and complete. The products are displayed as accurately as possible and the pictures are made with the greatest care for detail. However, they are displayed for illustrative purposes only in order to facilitate the end user’s choice. The actual products might visually deviate (e.g.: colour, volume and shape). Bakeronline cannot, and will not, be held accountable for incorrect or incomplete information on a registered merchant’s webshop.
APPLICABLE LAW AND JURISDICTION
This agreement and terms are made and delivered in Canada, and any controversy arising hereunder or in relation to this agreement and terms shall be governed by and construed in accordance with the domestic laws of Canada, and the applicable laws of the province in which the end user is resident. All disputes, controversies or claims arising out of or in connection with or in relation to the terms and this agreement, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario, Canada and such courts will have exclusive jurisdiction in the event of any dispute hereunder. The parties agree to irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this agreement and the terms herein.
CONTACT
Each question, request or remark concerning the use of our Services is welcome and should be addressed to Bakeronline SA, Adolf Baeyensstraat 53, B-9040 Ghent. You can contact us by email via info@bakeronline.ca.
All personal data processed during the use of our Services is treated with due care. More information about our privacy policy can be found here.
We use cookies to improve your browsing experience. More information about our cookie policy can be found here.
General conditions - Registered merchants
We appreciate the confidence you place in Bakeronline SA, Adolf Baeyensstraat 53, 9040 Ghent, Belgium (VAT BE0543469620), hereinafter referred to as ‘Bakeronline’, and take your rights seriously. These general conditions will inform you about your legal rights relating to the use of our website, website application and application, hereinafter referred to collectively as “Services”. By accessing our Services, you agree to comply with the terms and conditions below. These terms, as well as the terms for end users as stated above, are applicable to uses to which you apply our Services, including without limitation, all offers, orders or agreements you enter into, or benefit from with and/or via Bakeronline.
SERVICES
Bakeronline offers a communication, order and transaction platform to registered merchants and their customers, the end users. Via Bakeronline’s Services registered end users can order (and if applicable pay) online at the registered merchants. Bakeronline is not a party nor a mediator, but it sole role is to provide the necessary infrastructure to the registered merchants and end users.
ENTRY CONDITIONS, TERM, COMMITMENT, FEES
As a merchant you can register your company on our Services at any time. Bakeronline has the unrestricted and absolute right to refuse your registration or in case of abuse or fraud to reverse or cancel your registration. There is no claim or right to the registration. The agreement between Bakeronline and the registered merchant about the use of the Services of Bakeronline is concluded at the moment of registration by way of a confirmatory email with concurrent permission being granted to allow the registered merchant access to its Services. The first invoice can also serve as a confirmation of the agreement. The agreement itself will be sent in the same week as the first invoice. At launch, you will also receive your preferred marketing material.
The registered merchant commits itself to protect its password and other (personal) data entered during and after registration through the Services against unauthorized access. If the registered merchant has knowledge of a security breach (potential or otherwise), by way of theft or unauthorized transfer of (personal) data, or the registered merchant believes such a security breach might happen, it should immediately notify Bakeronline. The registered merchant, or any other (related) individual, is not allowed to access the account of another registered individual or merchant. The registered merchant commits to update its password regularly.
INVOICING
Invoices of Bakeronline have to be paid within 30 days, unless stated otherwise on the invoice. Bakeronline only charges a monthly fee. Daily updates will always be free of charge. If the merchant wishes to have specific modifications to its webshop, the terms and price relating to same will be determined and agreed to by the parties at that time. Direct debit is the standard payment method.
For each invoice that has not been paid in full on the due date, you are liable to pay – by operation of law and without prior notice of default – late payment interest of 2% per month in arrears, whereby a month that has already started is to be considered as fully completed, while the amount due will be increased with all collection costs paid by Bakeronline in connection with the collection of the debt, plus 20% of the invoice amount, with a minimum of $250.00 CDN (plus applicable taxes) by way of lump sum damages, without prejudice to Bakeronline’s right to claim higher compensation.
Bakeronline also reserves the right to (temporarily) put the webshop or website offline until it has received actual and full payment for any and all arrears.
EXTENSION OF TERM
Upon the expiration of the first 12 months of this agreement or any renewal term, this agreement with the merchant shall be automatically renewed for an additional 12 months, unless either of Bakeronline or the registered merchant provides notice in writing to the other party, at least 3 months prior to the then applicable expiration date, that such party does not wish the agreement to be renewed. If either party provides such notice then the agreement will end on the then applicable end date and all data with regard to the registered merchant will be deleted.
RIGHT OF TERMINATION OR CANCELLATION
The end user has the right to terminate his purchase as long as the registered merchant has not approved the order yet. The registered merchant always has the right to refuse an order, in the absolute and unfettered discretion of the merchant. In case of approval/refusal the end user will receive confirmation by way of an email. This means, that the end user no longer has the right to terminate his purchase from the moment the registered merchant approves the order. This is the moment the agreement between the registered merchant and the end user is confirmed and entered into. The end user can be held accountable for the payment of the order at all times where the end user does not attend to the pickup of the order at the confirmed time and location. In case of home delivery, the end user will do everything within his power to receive the order at the agreed time and location. If the end user cannot adhere to this time, he will contact the registered merchant at least 2 hours in advance.
The registered merchant has only a commercially best efforts obligation when it comes to the access, ordering process, delivery or other services via its Bakeronline webshop. It has the right (in whole or in part) to withdraw or limit its webshop at any given moment due to maintenance, updating or any other reason in the discretion of the registered merchant and this without obligation to notify the end users.
CLIENT RELATIONSHIP
The agreement between Bakeronline and the registered merchant only determines rights and obligations for Bakeronline and the registered merchant. Bakeronline can never be held accountable for obligations stemming from the relationship between the registered merchant and the end users. The registered merchant express acknowledges and agrees that it carries the full responsibility concerning (the management of) its webshop via Bakeronline. This also means that Bakeronline can never be held accountable for damage and/or lost profits, strikes, loss of opportunities, loss of anticipated savings, bad management, waste of (work-)time, indirect or consequential damages or any unlawful actions due to the use of Bakeronline’s Services, with the exception of gross negligence or willful misconduct by Bakeronline. The registered merchant remains accountable at all times for the timely preparation of the orders.
INTELLECTUAL PROPERTY
All rights concerning the software of Bakeronline including, without limitation, the trade mark, name, logo, design, layout, code, concept or procedures of Bakeronline remain the sole and exclusive property of Bakeronline at all times and will never be transferred to the registered merchant. The pictures taken by the Bakeronline-photographer remain the sole and exclusive property of Bakeronline. All information needed to create the webshop and delivered by the registered merchant (such as name, opening hours, products and the like) are the property of the registered merchant. The registered merchant and Bakeronline will respect the confidential character of the agreement and all properties that it includes except in case of legal obligation, an event of force majeure or when this information was already known before the agreement or when the information is part of the public domain.
INFORMATION
The registered merchant is responsible for the correctness of the product information and has to make sure that this information is correct and complete. Bakeronline cannot, and will not, be held accountable for incorrect or incomplete information on a registered merchant’s webshop.
APPLICABLE LAW AND JURISDICTION
This agreement and terms are made and delivered in Canada, and any controversy arising hereunder or in relation to this agreement and terms shall be governed by and construed in accordance with the domestic laws of Canada, and the applicable laws of the province in which the end user is resident. All disputes, controversies or claims arising out of or in connection with or in relation to the terms and this agreement, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario, Canada and such courts will have exclusive jurisdiction in the event of any dispute hereunder. The parties agree to irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this agreement and the terms herein.
CONTACT
Each question, request or remark concerning the use of our Services is welcome and should be addressed to Bakeronline SA, Adolf Baeyensstraat 53, B-9040 Ghent. You can contact us by email via info@bakeronline.ca.