Conditions of Use

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
  2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
  3. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
  4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information, picture or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
  5. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
  6. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
  7. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
  8. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
  9. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
  10. ·  Return Policy. Due to the nature of our business, and for the safety of our customers, Ruthy’s Bakery/ruthys.com has a strict NO RETURN policy for any of our baked goods and all products made daily and to order, once it has been inspected by you, the customer/messenger/doorman/representative  upon delivery or in our premises.  It is your right not to accept an order that does not meet your requirements or has been altered in any way before delivery in your hands. Ruthy’s Bakery/ruthys.com will not be responsible for the product, once it’s been picked up or accepted for delivery. It is your responsibility to care for the product in a safe manner once it’s been handed over to your care or to the person that will sign for it or pick it up. No product shall be able to be returned for a like item, or for a cash refund and or store credit (“ THIS SECTION CAN BE CHANGED AS TO YOUR RETURN POLICY”) .
  11. · Special Orders. All telephone and custom orders require a deposit or credit card number in order to be processed. Unless agreed upon in writing, no orders will be processed if deposit is not given. Until payment is made in full by the customer, all goods remain the property of Ruthy’s Bakery.
  12. ·  Cancellation Policy. Ruthy’s Bakery/ruthys.com understands that plans change and we will gladly assist you in making changes to your order date and time whenever possible. We accept weekday cancellations prior to 2:00 pm, 5 business days before your event and must be in writing, either via fax, email or letter. No phone messages or verbal cancellations will be accepted as binding. All changes must be handled directly with a representative of Ruthy’s Bakery and confirmed in writing. Ruthy’s Bakery reserves the right to charge a cancellation fee if insufficient time is given, as stated above, due to costs incurred in the purchase, priority and preparation of the order. Charges for cancellations after the above time will be as follows:  50% of the entire order will be charged for cancellations up to 48 hours prior to the event and 100% of the entire order will be charged for canceling the order after that time. It is entirely up to Ruthy’s Bakery discretion, to change or otherwise offer any other options to the customer. Special orders that are not picked up, will be charged to your credit card in full. Orders that require delivery and can not be delivered due to customer’s wrong information or availability will be taken back to Ruthy’s Bakery and stored until further notice from customer. Should you require delivery after that, you will be held responsible for an additional delivery charge. Because of the nature of our business and our quality and freshness assurance, we will dispose of any cake, cupcake, baked item that is not picked up or delivered within 48 hours after the due time and you will be charged in full according to the above rules.

 

  1. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF UNITED STATES OF AMERICA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW YORK. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT THE CITY OF NEW YORK, IN THE STATE OF NEW YORK IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Ruthys.com a wholly owned subsidiary Ruthy’s Cheesecake and Rugelach, Inc. in the State of New York, USA. As such, the laws of the State of New York will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
  2. Verify Customer's Address:  Ruthy’s Bakery reserves the right to contact a Customer via email to verify the accuracy of account information (including the Customer's correct name and address) that is needed to provide the Customer with the information he or she requested from Ruthy’s Bakery.