Terms & Conditions

Acceptance of these terms

These Terms are a legal agreement between you and BAKXYSHAKE ("BAKXYSHAKE", "we", "us", or "our"), the operator of this website and the seller of the products described on it. They apply to every visitor, registered user, and customer of the site, and to every order you submit through it.

By accessing the site, adding products to your cart, submitting an order, or otherwise using any feature we make available, you confirm that you have read, understood, and agreed to be bound by these Terms and by any policy referenced within them, including our Privacy Policy, Cookie Policy, Shipping and Delivery Policy, Returns, Refunds and Exchanges Policy, Payment and Billing Policy, and the other policies linked in our footer.

If you do not agree with any part of these Terms, you should not use the site or place an order. Your continued use of the site after any update to these Terms will be treated as acceptance of the version then in effect.

Eligibility

To use this site and place an order, you must be at least eighteen years of age, or the age of majority in your jurisdiction if that is higher, and able to enter into a binding contract. Our products are professional and commercial serving supplies intended primarily for food-service businesses and the people who run them.

By placing an order, you represent and warrant that:

• You are of legal age and have the authority to accept these Terms, either for yourself or on behalf of the business you represent.
• The information you provide during registration and checkout is accurate, current, and complete.
• You will use any products you purchase in a lawful manner and in line with applicable food-safety and workplace regulations.
• You are not barred from receiving products or services under the laws of the United States or any other applicable jurisdiction.

We may refuse service, close accounts, cancel orders, or limit quantities at our discretion where we reasonably believe these eligibility requirements are not met.

Your account

Some features may require you to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not you authorized it.

Keeping your details current

You agree to provide accurate account and billing information and to keep it up to date, so that we can process orders, arrange delivery, and contact you where needed. Out-of-date shipping details are one of the most common causes of delayed or misdirected orders, and we are not responsible for issues caused by information you failed to update.

Security of your credentials

You must notify us promptly if you suspect any unauthorized use of your account or any breach of security. We may suspend or terminate an account that we reasonably believe has been compromised, used fraudulently, or used in violation of these Terms.

You may request closure of your account at any time. Closing an account does not cancel obligations connected to orders already placed, nor does it affect our right to retain records where required by law or legitimate business need.

Orders and acceptance of orders

The product listings on our site are an invitation for you to make an offer to buy, not a binding offer of sale by us. When you submit an order and complete checkout, you are making an offer to purchase the selected products at the listed price, subject to these Terms.

When a contract is formed

An automatic acknowledgment confirming that we have received your order does not by itself mean we have accepted it. A binding contract of sale is formed only when we send you a dispatch or fulfilment confirmation, or otherwise expressly accept the order. Until that point, no contract exists and we may decline the order.

Reasons we may decline or cancel

We may refuse or cancel all or part of an order, before or after acknowledgment, for reasons including but not limited to:

• A product being unavailable, discontinued, or out of stock.
• An error in the price, description, image, or availability of a product.
• A suspected fraudulent, unauthorized, or abusive transaction.
• An inability to obtain authorization for your payment.
• Quantities that exceed limits we have set for a household, business, or region.
• A delivery address we cannot ship to or that is outside our service area.

If we cancel an order for which you have already been charged, we will arrange a refund of the amount paid for the cancelled items in line with our Payment and Billing Policy. We are not liable to you beyond that refund for a cancellation made in accordance with these Terms.

Quantities and business use

Many of our products are packed and priced for commercial restocking. We may set minimum or maximum order quantities on particular items and may treat unusually large orders as wholesale enquiries, which are governed by our Wholesale and Business Customer Terms.

Pricing and errors

All prices are shown in United States dollars and, unless clearly stated otherwise, do not include shipping charges or any taxes that may apply to your order. Applicable charges are calculated and displayed during checkout before you confirm your purchase.

Price changes

We may change the prices of products at any time. The price that applies to your order is the price displayed at the time we accept that order, except where a genuine error has occurred as described below.

Correction of errors

Our catalog is large and updated frequently, and despite reasonable care a listing may occasionally contain an error in price, description, specification, image, or availability. Where we identify such an error affecting an order you have placed, we may:

• Contact you to confirm whether you wish to proceed at the corrected price before we accept the order.
• Cancel the affected order or line item and refund any amount already charged for it.
• Correct the error and continue with the order where the difference is minor and you would reasonably have expected the corrected outcome.

We are not obliged to supply any product at an incorrect price, even after an order acknowledgment, where the error is one that a reasonable person would recognize as a mistake.

Intellectual property

The BAKXYSHAKE name, logotype, site design, layout, graphics, product photography, illustrations, written descriptions, and the selection and arrangement of all content on the site are owned by us or our licensors and are protected by copyright, trademark, and other intellectual-property laws.

Limited permission

We grant you a limited, non-exclusive, non-transferable, revocable permission to access and view the site for your own personal or internal business purposes connected to evaluating and purchasing our products. This permission does not include any right to resell, systematically copy, or commercially exploit the site or its contents.

What you may not do

• Reproduce, republish, distribute, or publicly display our content except as needed to place an order or as we expressly permit.
• Use our trademarks, product names, or branding in a way that suggests endorsement, partnership, or affiliation without our written consent.
• Extract, scrape, or harvest content or data from the site by automated means.
• Remove or alter any copyright, trademark, or proprietary notice.

If you submit content to us — for example a review, comment, image, or suggestion — you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display that content in connection with operating and promoting our business, and you confirm you have the right to grant that licence.

Acceptable use

You agree to use the site lawfully and in a way that does not restrict or inhibit anyone else's use of it. As a condition of your access, you agree not to:

• Use the site for any unlawful, fraudulent, or deceptive purpose, or to facilitate one.
• Attempt to gain unauthorized access to any part of the site, its servers, or any connected system or network.
• Introduce viruses, malware, or any other harmful or disruptive code.
• Interfere with, overload, or impair the proper working of the site, including through denial-of-service activity or excessive automated requests.
• Place orders you do not intend to honour, or use another person's payment details without authority.
• Post or transmit content that is unlawful, defamatory, harassing, misleading, or that infringes the rights of others.
• Reverse engineer or attempt to derive the source code of any software that forms part of the site, except to the extent the law expressly permits.

We may investigate suspected breaches of this section and cooperate with law-enforcement authorities. We reserve the right to suspend or terminate access, cancel orders, and take any other action available to us where we reasonably believe this section has been breached.

Third-party links and services

Our site may contain links to third-party websites, and our operations rely on third-party service providers such as payment processors, shipping carriers, and hosting and analytics providers. Links and integrations are offered for convenience and to make our service work; they do not imply that we endorse or control the third party.

We are not responsible for the content, products, security, or privacy practices of any third-party website, and your use of a third-party site is governed by that site's own terms and policies. You should review those terms and policies before relying on any third-party service. Any dealing you have with a third party found through our site is solely between you and that third party.

Disclaimers

We work to describe our products accurately, to keep the site available, and to fulfil orders reliably. Even so, to the fullest extent permitted by law, the site and its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.

We do not warrant that the site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that make it available are free of harmful components. Colours, finishes, and dimensions shown in product images may vary slightly from the item you receive because of photography, screen settings, and manufacturing tolerances.

Product use and food safety

Our products are serving tools and equipment for food-service environments. It is your responsibility to use, clean, and maintain them in accordance with the guidance provided, with sound food-hygiene practice, and with the health and safety regulations that apply to your business. Product-specific guidance, including food-contact information, is set out in our Product Safety and Food Contact Disclaimer, which forms part of these Terms.

Nothing in this section limits or excludes any warranty, right, or remedy that cannot be limited or excluded under applicable law, including consumer-protection law.

Limitation of liability

To the fullest extent permitted by applicable law, BAKXYSHAKE, its owners, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, goodwill, data, or business opportunity, arising out of or in connection with your use of the site or your purchase or use of any product, whether the claim is based in contract, tort, strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.

To the extent any liability cannot be excluded, our total aggregate liability arising out of or connected with any order, product, or your use of the site will not exceed the amount you actually paid to us for the product or order that gave rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless BAKXYSHAKE and its owners, officers, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with:

• Your breach of these Terms or of any policy referenced within them.
• Your misuse of the site or of any product purchased through it.
• Your violation of any law or of the rights of a third party.
• Any content you submit to us or through the site.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defences.

Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation, are governed by and construed in accordance with the laws of the State of Missouri and the applicable laws of the United States of America, without regard to conflict-of-laws principles.

You agree that the state and federal courts located in the State of Missouri will have jurisdiction to resolve any dispute arising from these Terms or your use of the site, and you consent to the personal jurisdiction of those courts, unless a mandatory law in your place of residence requires otherwise.

Before starting any formal proceeding, we encourage you to contact us so we can try to resolve the matter directly. Many concerns about orders, deliveries, or products can be settled quickly and fairly by talking with our team first.

Changes to these terms

We may update these Terms from time to time to reflect changes in our products, our business practices, or the law. When we do, we will revise the "Last updated" date shown near the top of this page and post the amended Terms on the site.

Material changes take effect when posted, and your continued use of the site or placement of an order after that point constitutes acceptance of the revised Terms. We encourage you to review this page periodically. The version that applies to a particular order is the version in effect at the time we accept that order.

Severability and waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision, and no waiver of any term will be deemed a further or continuing waiver of that term or any other term.

Entire agreement and assignment

These Terms, together with the policies referenced within them and any order confirmation we issue, constitute the entire agreement between you and BAKXYSHAKE regarding your use of the site and your purchase of products, and supersede any prior understanding or agreement on that subject.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or successor, including in connection with a merger, acquisition, or sale of assets, without restriction. These Terms are binding on and enure to the benefit of the parties and their permitted successors and assigns.

How to reach us

If you have questions about these Terms, an order, or any of our policies, our team is glad to help. You can contact us using the details set out below, or by submitting the short form on this page. We aim to respond to every enquiry promptly and fairly.