PRIVACY/TERMS

Tout Sweet Patisserie



Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the Tout Sweet Pastry Company, Inc. (Tout Sweet), toutsweetsf.com and Tout Sweet Patisserie and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Tout Sweet include Tout Sweet Patisserie and toutsweetsf. The Tout Sweet website is a ecommerce site. By using the Tout Sweet website, you consent to the data practices described in this statement.

 

Collection of your Personal Information

Tout Sweet may collect personally identifiable information, such as your name. If you purchase Tout Sweet’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Tout Sweet. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Tout Sweet website.

Tout Sweet encourages you to review the privacy statements of websites you choose to link to from Tout Sweet so that you can understand how those websites collect, use and share your information. Tout Sweet is not responsible for the privacy statements or other content on websites outside of the Tout Sweet website.

 

Use of your Personal Information

Tout Sweet collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Tout Sweet may also use your personally identifiable information to inform you of other products or services available from Tout Sweet and its affiliates. Tout Sweet may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Tout Sweet does not sell, rent or lease its customer lists to third parties.

Tout Sweet may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Tout Sweet, and they are required to maintain the confidentiality of your information.

Tout Sweet may keep track of the websites and pages our users visit within Tout Sweet, in order to determine what Tout Sweet services are the most popular. This data is used to deliver customized content and advertising within Tout Sweet to customers whose behavior indicates that they are interested in a particular subject area.

Tout Sweet will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Tout Sweet or the site; (b) protect and defend the rights or property of Tout Sweet; and, (c) act under exigent circumstances to protect the personal safety of users of Tout Sweet, or the public.

 

Security of your Personal Information

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

All payment card information is securely protected from fraud and identity theft. The Tout Sweet Online Store is fully compliant with PCI and CISP with merchant certification provided by authorize.net.

 

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Tout Sweet by contacting us here:
Email: customer.service@toutsweetsf.com
Phone: 415-824-8688

 

Changes to this Statement

Tout Sweet will occasionally update this Statement of Privacy to reflect company and customer feedback. Tout Sweet encourages you to periodically review this Statement to be informed of how Tout Sweet is protecting your information.

 

Terms and Conditions

The Tout Sweet website, toutsweetsf.com, (the “Site”) is comprised of various web pages operated by Tout Sweet Pastry Company, Inc. (“Tout Sweet”). Tout Sweet offers products and services to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Tout Sweet website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

toutsweetsf.com is a ecommerce Site. The Tout Sweet website provides information about and offers for sale Tout Sweet branded products and selected products from other purveyors.

 

Purchase Agreement

You and Tout Sweet agree that your order is an offer to purchase the Product(s) listed in your order on the terms and conditions listed below which will become a contract (“Agreement”) when accepted by Tout Sweet via confirmation that specifically references your order or when Tout Sweet ships to you the product(s) you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by Tout Sweet. When you send your order to purchase product(s) to Tout Sweet, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and Tout Sweet. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.

 

Payment Terms

Tout Sweet accepts only those credit cards mentioned on the toutsweetsf.com ordering screens as the payment options for your purchase. Your credit card will not be charged until the product(s) listed in your order are shipped.

 

Shipping Charges

Separate charges for shipping will be added to the cost of the ordered product(s) unless otherwise stated. Tout Sweet will only accept orders from billing and shipping addresses located within the 50 United States and the District of Columbia. Tout Sweet reserves the right to limit quantities.

 

Taxes

All applicable local, city, and state taxes are your responsibility and will be applied to the order. You agree to pay these taxes.

 

Cancellation, Return and Refund Policy

Tout Sweet Pâtisserie (Tout Sweet) guarantees your complete satisfaction with its products. If for any reason you are not completely satisfied please let us know by emailing your comments to customer.service@toutsweetsf.com. If you would like to return any part of your order for replacement, please send to:

TOUT SWEET PASTRY COMPANY, INC.
1750 D Cesar Chavez Street
San Francisco, CA 94124

Returns for refund can only be made with prior authorization, within 15 days of delivery and only if in original un-opened containers.

 

Privacy

Your use of the Site is subject to Tout Sweet’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting toutsweetsf.com or sending emails to Tout Sweet constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tout Sweet is not responsible for third party access to your account that results from theft or misappropriation of your account. Tout Sweet and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Links to third party sites/Third party services

The Tout Sweet Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tout Sweet and Tout Sweet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tout Sweet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tout Sweet of the site or any association with its operators.

Certain services made available via toutsweetsf.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the toutsweetsf.com domain, you hereby acknowledge and consent that Tout Sweet may share such information and data with any third party with whom Tout Sweet has a contractual relationship to provide the requested product, service or functionality on behalf of toutsweetsf.com users and customers.

 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use toutsweetsf.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tout Sweet that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tout Sweet or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tout Sweet or our licensors except as expressly authorized by these Terms.

 

Indemnification

You agree to indemnify, defend and hold harmless Tout Sweet, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tout Sweet reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tout Sweet in asserting any available defenses.

 

Limitation of Liability

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOUT SWEET PASTRY COMPANY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TOUT SWEET PASTRY COMPANY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOUT SWEET PASTRY COMPANY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EXCEPT FOR PERSONAL INJURY, TOUT SWEET’S TOTAL LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR PRODUCT SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. TOUT SWEET WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

Tout Sweet reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tout Sweet as a result of this agreement or use of the Site. Tout Sweet’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tout Sweet’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tout Sweet with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tout Sweet with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tout Sweet with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Tout Sweet reserves the right, in its sole discretion, to change the Terms under which toutsweetsf.com is offered. The most current version of the Terms will supersede all previous versions. Tout Sweet encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Tout Sweet welcomes your questions or comments regarding the Terms:

Tout Sweet Pastry Company, Inc.
1750 D Cesar Chavez Street
San Francisco, California 94124

Email Address:
customer.service@toutsweetsf.com

Telephone number:
415-824-8688

Effective as of August 25, 2012

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