Terms of Service

Please read these Terms of Service carefully before using the website located at bakery-tatte.rest or any services offered by Tatte ("Company," "we," "us," or "our"). By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access or use our website or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website bakery-tatte.rest (the "Site"), placing an order, signing up for an account, or otherwise engaging with any service offered by Tatte, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies, guidelines, or rules that may be applicable to specific features or services offered on the Site.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Tatte. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the services.

You must be at least 18 years of age to use our Site and services. By using our Site, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you are not permitted to use our services without the direct supervision of a parent or legal guardian who agrees to be bound by these Terms.

We reserve the right to modify or update these Terms at any time at our sole discretion. Your continued use of the Site or services following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. Description of Services

Tatte is a food business that provides customers with access to bakery and café products, including but not limited to baked goods, pastries, beverages, prepared foods, and related culinary offerings. Our services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu, place orders for pickup or delivery, and make payments through our website or affiliated third-party platforms.
• In-Store Services: Customers may visit our physical location(s) to purchase food and beverages directly.
• Catering and Special Orders: We may offer catering services or accept special orders for events and occasions, subject to availability and additional terms.
• Loyalty Programs: We may offer loyalty or rewards programs from time to time, which will be governed by their own specific terms and conditions.
• Informational Content: We provide information about our products, locations, hours of operation, nutritional information, allergen disclosures, and other relevant content through our Site.
• Customer Communications: We may offer email newsletters, promotional communications, and other customer engagement services, subject to your opt-in preferences.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you or any third party. We do not guarantee that our services will be available at all times or in all locations.

All food products and services offered through the Site are subject to availability. We make no guarantee that any particular item will be available at any given time. Menu items, pricing, and availability are subject to change without notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our services.
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account.
• Use our services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws, regulations, and ordinances in connection with your use of our services.
• Promptly pay for all orders placed through our Site or in our stores.
• Treat our staff, other customers, and any third-party partners with respect and courtesy.
• Not misuse any promotional codes, coupons, or discount offers in a manner contrary to their intended purpose.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using our Site or services for any fraudulent, deceptive, or illegal purposes, including but not limited to submitting false orders, providing false personal information, or engaging in identity theft.
• Attempting to gain unauthorized access to our systems, servers, databases, or other computer systems connected to our Site.
• Transmitting any viruses, malware, spyware, or other malicious code that may damage or interfere with our Site or services.
• Scraping, harvesting, or otherwise collecting data from our Site without our express written consent.
• Using any automated tools, bots, spiders, or crawlers to access our Site or services.
• Copying, reproducing, distributing, or creating derivative works from any content on our Site without our express written permission.
• Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, harassing, or otherwise objectionable.
• Interfering with or disrupting the integrity or performance of our Site or services.
• Attempting to reverse engineer, decompile, or otherwise extract the source code of any software used on our Site.
• Impersonating any person or entity, including our staff, representatives, or other users.
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying our services.
• Using our services to send unsolicited commercial communications (spam) to any person.
• Violating any applicable federal, state, or local laws, regulations, or ordinances in connection with your use of our services.
• Misusing any food allergy or dietary restriction information in a way intended to manipulate our ordering or preparation processes.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your access to our services, reporting violations to law enforcement authorities, and pursuing legal remedies.

4. Intellectual Property Rights

All content on our Site, including but not limited to text, graphics, logos, images, photographs, video content, audio clips, data compilations, software, and the design, selection, and arrangement of such content ("Content"), is the exclusive property of Tatte or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Tatte name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Tatte. You are not permitted to use these marks without our prior written consent. All other trademarks and service marks appearing on our Site are the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Site solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Content on our Site.
• Use any data mining, robots, or similar data gathering or extraction methods.
• Download or copy any account information for the benefit of another merchant.
• Use our Content for any commercial purposes without our express written consent.

Any unauthorized use of our intellectual property may violate copyright laws, trademark laws, privacy and publicity laws, and other regulations and statutes. We reserve the right to pursue all available legal remedies for any such unauthorized use.

If you believe that any content on our Site infringes upon your copyright, please contact us at [email protected] with a description of the allegedly infringing material, your contact information, and a statement that you have a good faith belief that the use is not authorized by the copyright owner.

5. Payment Terms and Ordering

5.1 Pricing and Payment

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Applicable sales tax will be added to your order total in accordance with applicable state and local tax laws. You are responsible for any applicable taxes associated with your purchase.

We accept major credit cards, debit cards, and other payment methods as indicated on our Site or at our physical locations. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

5.2 Order Confirmation and Accuracy

After placing an order, you will receive a confirmation via email or through our website. This confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing, or suspected fraudulent activity. If we cancel an order for which you have already been charged, we will issue a full refund to your original payment method.

It is your responsibility to review your order carefully before submission. We cannot guarantee changes to an order after it has been placed.

5.3 Refund and Cancellation Policy

All sales are final unless the product is incorrect, damaged, or otherwise does not conform to your order as confirmed. If you receive an incorrect or damaged product, please contact us within 24 hours of receipt at [email protected]. We will evaluate your claim and, at our sole discretion, offer a replacement, store credit, or refund.

Due to the perishable nature of our food products, we are unable to accept returns. Promotional codes and discounts cannot be applied retroactively to previously placed orders and are subject to their own terms and expiration dates.

5.4 Third-Party Delivery Services

If you place an order through a third-party delivery platform (such as DoorDash, Uber Eats, Grubhub, or similar services), those orders are subject to the terms and conditions of the respective third-party platform. Tatte is not responsible for issues arising from third-party delivery services, including delivery delays, incorrect orders processed through third-party platforms, or any disputes arising from such orders.

6. Food Allergen and Dietary Information

We make reasonable efforts to provide accurate information about ingredients, allergens, and nutritional content for our menu items. However, our food products are prepared in a kitchen environment where cross-contamination with common allergens — including nuts, dairy, gluten, eggs, soy, shellfish, and other allergens — may occur.

We cannot guarantee that any menu item is entirely free from any specific allergen. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs. Tatte is not liable for any allergic reactions or adverse health effects resulting from the consumption of our products, provided that reasonable allergen disclosures have been made.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TATTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TATTE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury caused by our gross negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under applicable law, including the Federal Trade Commission Act and other applicable consumer protection laws.

8. Disclaimer of Warranties

OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) OUR SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN OUR SITE OR SERVICES WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.

9. Indemnification

You agree to defend, indemnify, and hold harmless Tatte and its officers, directors, employees, agents, successors, assigns, partners, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from:

• Your use or misuse of our Site or services;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• Any content you submit, post, transmit, or otherwise make available through our Site;
• Your interaction with any other user or third party in connection with our services;
• Any misrepresentation made by you in connection with your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without our prior written consent. This indemnification obligation will survive the termination of these Terms and your use of our services.

10. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Tatte operates, without regard to any conflict of law principles that would cause the application of the laws of any other jurisdiction.

For matters not subject to arbitration as described in Section 11 below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States. You hereby waive any objection to such jurisdiction on the basis of improper venue or inconvenient forum.

Our services and operations are subject to all applicable federal laws and regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce, the Americans with Disabilities Act (ADA), the Food Safety Modernization Act (FSMA), applicable state consumer protection statutes, and any other laws applicable to food service businesses operating in the United States.

If you are a California resident, you may also have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information about your rights under applicable privacy laws.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute, complaint, or concern you raise within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally within that period, either party may proceed with formal dispute resolution as described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, your use of our services, or the relationship between you and Tatte, including questions about the validity, interpretation, breach, or termination of these Terms, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in English. The arbitrator shall have the authority to award any relief that a court could award. The arbitrator's decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3 Class Action Waiver

YOU AND TATTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tatte agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

12. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or applications that are not owned or controlled by Tatte. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We strongly advise you to read the terms and privacy policy of any third-party website or service that you visit or interact with.

The inclusion of any link on our Site does not imply endorsement by Tatte of the linked website or service. Use of any third-party website or service is at your own risk, and Tatte shall not be liable for any loss or damage incurred as a result of your use of or reliance on any third-party content, goods, or services available through such linked sites or services.

13. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Site and services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. We encourage you to review our Privacy Policy at bakery-tatte.rest to understand our data practices.

To the extent you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to opt-out of sale, and the right to non-discrimination. Please see our Privacy Policy for details on how to exercise these rights.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Site or services. We reserve the right, in our sole discretion, to suspend or terminate your access to our Site and services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any other policy of Tatte;
• Conduct that we believe is harmful to Tatte, our customers, our employees, or our partners;
• Fraudulent, illegal, or abusive behavior in connection with our services;
• Failure to pay for ordered goods or services;
• Any other reason at our sole discretion.

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

You may also terminate your relationship with us by ceasing to use our Site and services and, if applicable, by closing your account. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for any orders already placed.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Effective Date" and "Last Updated" date at the top of this page. We may also provide notice of significant changes through our Site, by email, or by other means as we deem appropriate.

Your continued use of our Site or services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of our Site and services. It is your responsibility to review these Terms periodically for any changes.

We will not apply changes to these Terms retroactively to disputes that arose before the effective date of the revised Terms, except as may be required by applicable law.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect and shall be interpreted and enforced as if the invalid, illegal, or unenforceable provision had not been included.

The failure of Tatte to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any breach or default under these Terms shall not constitute a waiver of any subsequent breach or default.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by Tatte on the Site, constitute the entire agreement between you and Tatte with respect to your use of our Site and services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the same subject matter. No modification of these Terms shall be valid unless made in writing and signed by an authorized representative of Tatte.

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Tatte. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

18. Force Majeure

Tatte shall not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by factors beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, governmental actions, civil unrest, war, terrorism, strikes or labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or any other similar unforeseen events. In the event of a force majeure event, we will make reasonable efforts to notify you and to resume our services as soon as reasonably practicable.

19. Accessibility

Tatte is committed to ensuring that our Site and services are accessible to individuals with disabilities in accordance with applicable federal and state law, including the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. If you experience any difficulty accessing our Site or services due to a disability, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us using the information below:

We will make reasonable efforts to respond to all legitimate inquiries within a reasonable time. For urgent matters related to food safety, allergies, or product quality, please contact us immediately via email so that we may address your concern as quickly as possible.