TERMS OF SERVICES - PRATO BAKERY

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These Terms of Service (hereinafter, the “Terms”) apply to your access and use of the websites, mobile applications and other online products and services (collectively, hereinafter the “Services”) provided by FUTURA GAIA CORP., a corporation organized under the laws of the State of New Jersey, with an office at 371 4th Avenue, Jersey City, NJ 07302 - United States and its subsidiaries and affiliates, including but not limited to Toscana Mia Inc., Bay Street Bakery Inc., Extra Food LLC, Palisades Bakery Inc. and SB Morgan Street Corp. (collectively, hereinafter the “Company”, “we”, “us” or “our”). Please carefully read these Terms of Service in all of their parts.

When you access or use our Services, you fully agree to these Terms and to all terms incorporated by reference. If you do not want to be bound by these Terms, please refrain from using our Services.

If you have any questions about these Terms or our Services, please contact us at info@pratobakery.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at info@pratobakery.com.

The website “https://www.pratobakery.com” (the “Site”) is owned and operated by the Company. We reserve the right to change or modify these Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Site following the posting of any changes or modifications means that you accept and agree to the revised Terms.

The content on the Site, including but not limited to text, graphics, images, and other materials (the "Content") is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment relating to gluten allergy/intolerance, celiac disease or any other dietary restriction. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

The Site may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability, accuracy, or any other aspect of such websites or resources. You acknowledge and agree that we are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

Your use of the Site is at your own risk. The Site is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, Content, materials, or products included on the Site.

In addition, the Company does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. We cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. In no event shall the Company be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

These Terms constitute the entire agreement between you and us regarding the use of the Site. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

We reserve the right to terminate or restrict your access to the Site at any time and for any reason without notice, in accordance with the Digital Millennium Copyright Act (DMCA) and any other applicable law, if we believe that you are engaging in forbidden activities, such as, but not limited to, those listed in Article 4 below.

 

1. Use of Services

In order to use our Services, you need to be at least 18 years of age and reside in the United States, not have been previously suspended/removed from the Services, and not have more than one account to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

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2. Accounts

In order to use our Services, you have to create an account, and you explicitly undertake to provide accurate account information. That said, in using our Services and/or creating an account, you expressly guarantee that you will not be using your account for any malicious activities, such as trademark rights violation or harassment of any shape or form.

In any case, we reserve the right to terminate or restrict your account at any time and for any reason without notice.

 

3. User content

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, “User Content”).

You grant the Company a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels already known or later developed, without any form of compensation.

By agreeing to the present Terms, you accept that your User Content and any other content may be used for commercial purposes, such as marketing.

When using our Service, you may be provided with information about third-party product, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content

 

4. Forbidden Activities

By agreeing to the present Terms, you explicitly undertake that you will not violate any applicable state, federal or international law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while you are using our Services.

 

5. Trademarks

By agreeing to the present Terms, you explicitly recognise that all the logos, product or service names, slogans and the look and feel of the Services are trademarks of the Company, whether registered or not, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.

 

6. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, and other information about the Company or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in the Company’s sole discretion.

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7. Third-Party Content

The Company may provide information about third-party products, services, activities or events, or the Company may allow third parties to make their content and information available on or through the Services. Your relationship with the third party is solely between you and that third party, and no claim may be directed toward the Company with respect to your relationship with the third party.

 

8. Indemnification

By agreeing to these Terms, you hereby release and forever discharge the Company, its subsidiaries and affiliates, and each of their respective past, present or future principal, partner, stockholder, officer, director, nominee, beneficiary, attorney-in-fact, agent, employee or other representative, from any and all claims which you may ever had or now have or may in the future have against the Company, at any time prior to and including the date of acceptance of these Terms, for or by reason of any matter, cause, or thing done, admitted to, or suffered to be done by the Company. The foregoing release shall include, without limitation, to the extent allowed by applicable law, such claims or defenses as fraud, mistake (mutual or unilateral), duress, overreaching, failure to disclose, interference with business management or relationship, tortious interference with corporate or partnership governance or prospective business advantage or contract, breach of contract, injury to any person or entity of whatever nature, libel or slander (without admitting or implying that any such claim exists or has validity).

THE TOTAL LIABILITY OF THE COMPANY, INCLUDING ITS SUBSIDIARIES AND AFFILIATES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO US.

EXCEPT AS OTHERWISE EXPLICITLY STATED HEREIN, AND TO THE EXTEND PERMITTED BY APPLICABLE LAW, COMPANY, INCLUDING ITS SUBSIDIARIES AND AFFILIATES, SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO PUNITIVE DAMAGES, LOSS OF USE OR PRODUCTION, LOSS OF PROFIT OR REVENUE, OR LOSS OF PRODUCT, OR ANY OTHER ECONOMIC LOSS ARISING, OR ALLEGED TO ARISE, FROM COMPANY’S FAILURE TO PROPERLY CARRY OUT ITS OBLIGATIONS.

 

9. Release

To the fullest extent permitted by applicable law, you release the Company from any responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties.

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

10. Data processing

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, as better specified in our Privacy Policy.

 

11. Choice of Law, Choice of Forum and No Representative Actions

These Terms shall be governed by, construed, enforced and interpreted in accordance with the laws of the State of New Jersey without reference to its conflicts of law provisions. The parties hereby agree that the Courts of the State of New Jersey, County of Hudson, shall be the venue and jurisdiction in connection with any dispute arising under, or in any way relating to, these Terms and the parties hereby irrevocably consent to personal jurisdiction of such Courts and waive any objection on grounds of lack of personal jurisdiction or based upon the alleged inconvenience of such forum or venue.

THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.

You and the Company agree that any dispute arising out of or related to these Terms or our Services is personal to you and the Company, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

 

12. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

13. Pricing

We reserve the right to adjust prices of our products in our sole discretion, at any time and without notice to you. All prices shown on the site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes or other fees may vary geographically. Placing the order constitutes Your acceptance of the Products’ price and any related change.

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14. Replacement of products

Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in a product, to discontinue the use of any ingredient, or to substitute any ingredients, all without notice. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. Additionally, please note that, on occasion, the Company will include ingredients that may contain some or all major allergens (in addition to other ingredients).  With reference to the specific allergens contained in our products, please refer to the individual product page on our Site.

That said, by agreeing to these Terms, you expressly acknowledge that you have been duly informed that none of our products are "gluten-free" or suitable for customers with celiac disease.

Additionally, if you have any questions or concerns about any additional products or materials in your subscription, please contact Customer Care at info@pratobakery.com

 

15. Payments

You agree to pay for all orders you made in accordance with the prices and billing terms in effect at the time an order is made by you, and you also agree to pay all applicable taxes. To make an order, you must provide valid payment information through the Site. By placing an order, you also agree and authorize the Company and any and all intermediaries we use for providing our Services to share any and all payment information and instructions required.

Moreover, you agree to immediately update your personal information in the event of any change in your payment information. The Company reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled.

If a payment is not successfully paid and you do not cancel your purchase, you remain responsible for any uncollected amounts. The Company reserves the right to collect any outstanding payment due.

 

16. Miscellaneous

The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.

 

17. Returns & Refunds

All sales are final. The Company does not offer refunds or exchanges for any products you purchased, be it on our Site or in our stores. This includes, but is not limited to, baked goods, pastries, sandwiches, and drinks. Please ensure that you are satisfied with your order before completing your purchase. We cannot be held responsible for any dissatisfaction with the taste or appearance of our products.

If you are experiencing issues with your order, please contact us at info@pratobakery.com within five (5) business days of the receipt of the goods.
 

18. Shipment Terms

We ship our products in the United States only. Orders are shipped via a third-party reputable carrier and should arrive within 5-7 business days from the date of purchase. Every case will be handles on a case-by-case basis: that said, if your order has not arrived within the specified time frame, please contact us at info@pratobakery.com and we will do our best to resolve the issue.

Please note that we cannot be held responsible for delays caused by weather, carrier issues, or other circumstances beyond our control. We also cannot be held responsible for any damage that occurs to the products during shipment.